TABLE O

LETTER OF TRANSMITTAL 

MEMBERS OF COMMISSION 

SENIOR COMMISSION OFFICIA

I THE COMMISSION

A History 

B F 

C Organization 

II THE YEAR IN REVIEW 

A Trade Developments 

B Restrictive Trade Pra

C Enforcement 

D Surveillance 

E Tariff Automation 

III SURVEILLANCE AND EN

A Surveillance 

B Enforcement 

IV DEVELOPMENTS IN MAJ

A Transatlantic 

B Mediterranean 

C Middle East 

D Africa 

E Latin America and th

F Transpacific 

G Worldwide 

V AUTOMATED TARIFF FIL

A Introduction and Bac

B Early Studies on Tar

C First Step in Tariff A

D The Shipping Act of 

E The Tariff Automatio

F ATFI Feasibility Stu

The ATFI Advisory 

G Benefit Cost Analysis 

Procurement Autho

H Inquiry on the Funct

Presolicitation Con

1 Remote Retrieval 
J Contract Award and 

K Docket No 9023 

L Batch Filing Guide 

M Miscellaneous Miles

N Update on Remote A

VI THE FOREIGN SHIPPING 

A General 

B Top Twenty USLin

Trading Partners 

VII SIGNIFICANT OPERATIN

ORGANIZATIONAL UNIT

A Office of the Secret

B Office of Administra

C Office of the Gener

D Office of Equal Em

E Office of Inspector 

F Office of the Manag

G Bureau of Economic

H Bureau of Tariffs C

I Bureau of Hearing 

J Bureau of Investiga

K Bureau of Administ

APPENDIXES

A Organization Chart 

B Commission Procee

C Agreement Filings a

D Tariff and Service C

Filings and Spec

Permission Appli

E Civil Penalties Colle

F Investigations 

G Statement of Appro

and Receipts 


FEDERAL MA

WASHING

To the United State

Representatives

Pursuant to sectio

Plan No 7 of 1961 and 

Marine Act 1936 as am

the thirtyfourth annual 

Federal Maritime Comm

Additionally sectio

an Update on Remote 

comply with the reque

informed on developmen

on remote access to th

Tariff Filing and Informat

MEMBERS O

Ming C Hsu

Commissioner

Appointed 1990

Term Expires 1996

Delmond JH Won

Commissioner

Appointed 1994

Term Expires 1997

William D 

Ch

Appo

Term E

Chairman Hathaway retired 

Harold J Creel Jr assume

SENIOR COMM

Secretary 

Chief Administrative Law 

General Counsel 

Director Office of

Equal Employment Op

Inspector General 

Managing Director 

Deputy Managing Directo

Director Bureau of

Economics and

Agreement Analysis 

Director Bureau of

Tariffs Certification

and Licensing 

Director Bureau of

Hearing Counsel 

Director Bureau of

Investigations 

Director Bureau of

Administration 

THE CO

A H

The Federal Maritime 

FMC was established as an 

Reorganization Plan No 7 e

that time the Federal Maritim

the regulation of ocean com

United States US M

reorganization plan the sh

separated into two categorie

The responsibilities associate

and efficient US Merchan

Maritime Administration no

of Transportation The new

the administration of the reg

laws

The Conunission is now 

oceanborne transportation in 

domestic offshore trade of 

Shipping Act of 1984 broug

regulatory regime facing ship

foreign commerce of the US

B FU

The principal statutes o

statutes administered by the 

of 1984 1984 Act the Shi

Intercoastal Shipping Act 

Shipping Practices Act of 1
Merchant Marine Act 192

89777

The Commission sreg

Protecting shipp

foreign commerc

non market orien

governments an

carriers that h

commerce of the 

Protecting the 

companies to tra

oceanborne and 

Reviewing and m

carriers and ot

foreign comme

conference pool

agreements

Receipt and rev

regulation of r

engaged in the US

Regulating rate

regulations and 

ensure that such 

Issuing passeng

financial respo

charterers to pa

death or to repa

voyage or cruise
Regulating rates 

and tariffs of o

domestic offshore 

Licensing interna

Bonding of non v

NVOCCs

Investigating d

classifications a

carriers terminal 

operating in the 

commerce of the 

The Commission is auth

the 1920 Act and section 5

action to ensure that the for

burdened by non market b

Commission may take co

unfavorable shipping conditio

may impose penalties to add

governments that adversely a

in the USforeign oceanborn

USflag vessels to ocean tra

The 1984 Act is applica

carriers and other persons en

It exempts agreements that 

Act from the USantitrust la

and Clayton Acts The Co

agreements to ensure that t

antitrust immunity and to 

otherwise violate the 1984 A

increase in transportation co

service
In addition to monitorin

Commission is also respon

carriers as well as those p

concert fairly treat shippers 

public The 1984 Act 

discriminating among ship

shipping public The 1984 

their rates charges and pra

that must be on file with th

assess the rates and charges 

Commission The Commis

authority to approve or d

GRIs or individual comm

commerce except with rega

owned carriers

The 1916 and 1933 Act

carriers and other persons 

trades of the US In gener

protect against unduly disc

similar to the 1984 Act In 

a more comprehensive sche

minimum and maximum rate

in the domestic offshore tra

Pub L No 89777 re

vessels with 50 or more bert

ports to monitor financial c

cases of death injury or n

The Commission certifies s

of satisfactory evidence of f

The Commission carrie

by conducting informal and 

hearings considers evidence 

appropriate orders and 
Commission also adjudicates d

community the general shipp

individuals or interest groups

C ORGA

The Commission is com

appointed for five year terms b

and consent of the Senate N

the Commission may belong t

President designates one of 

Chairman The Chairman 

administrative officer of the ag

The Commission sorgan

of the Managing Director Offic

General Counsel Office of Ad

of Equal Employment Oppo

General Bureau of Econom

Bureau of Tariffs Certificat

Investigations Bureau of He

Administration The Managin

in providing executive and a

Commission soffices and bure

are responsible for the Comms

provide administrative suppor

In fiscal year 1995 the Co

of 205 fulltime equivalent 

personnel

appropriation

are

of

located

18531 000

in Wash

T

New York Los Angeles and M

the Bureau of Investigations 

New Orleans Houston and Ha

on September 30 1995 due to 

5

I

THE YEAR 

The Commission continue

international trade and transp

year 1995 A major emphasis 

trades from unfair foreign ship

U S importers and exporters w

treatment in the USoceanbo

The Commission monitor

trades to identify relevant tr

successes in deterring malprac

enforcement effort in the North 

culminating in rate advantages 

procompetitive provisions to 

conference The implementati

be closely monitored in fiscal 

achieve the beneficial results 

Commission sautomated tariff 

full year of operation as author

with the system and the numbe

This Annual Report esse

byoffice basis and contains a 

and accomplishments Special 

particular interest This sec

summary of the Commiss 

accomplishments during the ye

7
A TRADE 

The international oc

a vital Link between the US

partners The Comm

developments to identify a

relevant to its oversight o

The transatlantic tra

trade flows last year Eco

combined with a weak 

productivity contributed to

exports U S imports f

minimal growth over th

depreciation restrained co

Carriers serving the trans

their services through v

agreements to reduce co

shippers The TransAtlan

continued to command t

The Commission and the 

disposing of a number o

against TACA to inve

anticompetitive behavior 

Commission investigations 

to suspend its 1995 rate in

6070 million in freight c

to take independent ac

contracts for one year co

also agreed to make ch

regarding members right 

shippers On the other sid

filed an appeal of the Eu

ruling that its agreement 

exemption and was the

expected on TACA sappe
EC also issued new rules stating 

certain market share ceilings a

other mandated provisions t

exemption from the European 

USexports to the Medite

1995 due to a revival of Euro

weaker dollar Imports fro

significantly early in 1995 bu

European products lost their 

rising currency values in Euro

carrier agreements implemente

1995 were the result of ca

rationalizing their shipping serv

of containerization along w

rationalized carrier services in

services established in the Med

Liner shipping in the Mid

from the overcapacity prob

Improvement was due in large 

major economies an enhanced 

and a continuing trend toward co

of global alliances for major carr

trades stimulated demand for 

within the Middle East The tr

restructuring of liner shipping s

region last year

Once again poor econom

impact on trade growth in Afric

by a trade imbalance where US

imports by some 30 percent cre

shipping companies in bac

Additionally many African ports 

facilitate loading and unloadin

9
civil strife only served to 

Carriers attempted to add

use of feeder services and 

Despite experiencin

1995 Latin America a

international trade surplu

trade with the region incr

increasing by 18 percent a

less developed regions 

severe congestion due m

insufficient landside stora

trades facing similar prob

into arrangements to ratio

port congestion and impr

The transpacific trad

for USexports and impo

rapid growth through t

unexpected downturn at th

shipping season in July O

growth throughout the ye

to increased demand for 

agricultural products The 

inquiries into the reaso

conference IA practices 

review the Commission o

capacity management pro

the container capacity the

was minimal new agreem

B RESTRICTIV

One of the Comms

appropriately address res
impact onUSforeign commerc

that commerce Pursuant to sec

FSPA the Commission is c

eliminating protectionist practic

ocean shipping that favor t

discriminate against USinteres

authorizes the Commission to im

applicable to the US oceanbo

conditions unfavorable to ship

Commission to address adve

carriers in any USforeign trad

aimed at eliminating the advers

The Commission continue

authority in the area of restrictiv

its ongoing monitoring efforts co

maritime interests and regular 

agencies possible harmful p

appropriately addressed The 

matters in 1995 that may warr

section 19 and the FSPA the m

Japan and the People sRepubl

The Commission demande

carriers in the USJapan tra

requirements applicable to th

facilities in Japan The Commis

consultation system which requ

approvals for port usage mand

requirements restrictions on Su

of funds previously collected f

ports The Commission is seek

these practices and the role of th

operations
The Commission a

Government has carried 

to the US Governmen

consolidation by wholly 

UScarriers Indications 

must form a joint venture 

these operations The Co

determine if formal actio

it

C E

The Commission s

collaborative effort amo

investigators and prosecu

presentation to senior 

information then is deve

monitoring accomplishe

action initiated Subs

enforcement action follo

that malpractices do not 

The Conunission sm

North Atlantic trades wa

year 1995 Evidence dev

No 21 persuaded the 

adjudicatory proceedings 

In addition the Commiss

members of TACA and 

Atlantic trades to develop 

between conference 

independent lines

As previously discus

forth in the fact finding a

subject of settlement ag
and May 1995 resulting in i

savings to shippers and long

transatlantic shipping environme

to monitor the implementation 

to ensure that their intent is ca

Other enforcement initiativ

a program directed toward NVO

generic Cargo NOSrates 

rates for commodities not reflec

has resulted in improvement 

practices The South and Cent

to receive attention by the Con

combatting rate malpractices in 

settlement with a major carrier 

Several other matters in the

investigation or are the subject 

which will be completed in fisca

The Commission collected 

fiscal year 1995 The residual 

enforcement actions has reduce

Nonetheless our oversight of in

our ongoing monitoringsurveil

several trades will require close

malpractices that can have a n

and trade The Commission 

enforcement of the ocean shi

guided by the dual objectives of 

and ensuring equitable trading 

commerce

D SURVE

The Commission continu

breadth and effectiveness of its 

13
programs Systematic 

carrierconference beh

compliance with statutory 

efforts help to uncover u

in the USocean comme

potentially unfavorable tr

The practices of TA

in early fiscal year 199

conferences and discussio

increased scrutiny by the 

Other major monito

in fiscal year 1995 includ

codifying the Commissios

rule to update and ex

information form and r

changing the financial re

return methodology used 

analysis of the reasonable

updating the Commissios

new service and filing fee

to provide information on 

activities in both the tra

critique of a Department 

conference pricing on ag

shares over 30 years for t

cost benefit analysis of 

guaranty required of pas

monitoring reports on ke

lanes and controlled car
E TARIFF AU

As indicated in last 

Commission sautomated tarif

operational in 1994 resulting i

paperless tariff environment 

Commission completed several a

the Automated Tariff Filing and 

and pursued the effective op

Commission issued its last sho

cancellation of carrier tariffs tha

electronic filing format An ad

tariffs canceled for failure to fil

approximately 310 carriers were 

the new electronic format The C

electronic tariffs in fiscal year 

4552 tariffs in the ATFI system 

increase over the end of fiscal y

essential terms of service contra

basis to the approximately 400

capability The Commission con

the ATFI locations database wh

were certified for batch filing

The Commission issued tw

involving the ATFI system Do

elimination of those Parts in 

Commission srules for filing p

system became fully operationa

converted or canceled there no 

rules and they were eliminated 

Docket No 95 08 the Commiss

an optional abbreviated format f

rule was proposed in an attem

minimize errors in filings given t

15
of all service contracts a

rule is anticipated in fisc

The Commission 

Contractor to maintain 

Recompetition of the con

enhancements to the sys

budgetary constraints an

future of tariff filing Ad

of tariff data expired on S

applicable
II

SURVEILLANCE AN

A SURVE

The systematic surveillan

commercial conditions in the US 

part of the Commission srespo

and the 1984 Act Such surveilla

operating in the UStrades com

of the applicable Acts and 

Commission regulations To 

administers a variety of mo

research activities designed to 

conditions emerging commercia

service activities

The importance the Com

monitoring activities is a direc

under the 1984 Act of the 

discretion to disapprove agreem

that unless rejected under 

agreements filed with the Comm

the 45th day after filing or the 

Federal Register whichever is lat

for technical reasons or for 

provisions in the agreement lan

may extend the original 45 day p

if necessary to obtain additiona

Finally if the Commission det

virtue of a reduction in compe

increase transportation costs or 

it may seek injunctive relief in 

District of Columbia

1
As a consequence o

to block agreements from 

and timely evaluation ofpo

has increased considera

program provides such an 

carrier competition includ

conditions general rate 

pricing trends vessel uti

shipper complaints and t

programs

In fiscal year 199

Agreement Analysis B

involved a variety of econ

pricing and service behav

trades Projects included 

filed by the Trans Atlant

and of trade conditions i

reports on TACA and the 

a capacity management an

the inbound AsiaUStra

of the impact of amend

successor to the Trans A

analysis of a US Depart

of the impact of maritime 

exports 5 a semiannual 

service agreements 6 

reporting requirements 

Agreement 7 a marke

outbound trades 8 a se

to submit information and 

the member lines and 9 

and currency adjustment 

BEAA also participa

investigation into the 
TAATACA and its member lin

regarding the extent and comp

sharing arrangements undertaken 

reviewed documents submitted 

order on IA

B ENFOR

The 1984 Act establishes 

regulation of the shipping and re

of the statutory declaration 

nondiscriminatory efficient and 

system for the benefit of interna

The enforcement program 

Commission activity A major g

compliance with the provisions 

in turn provides the pathway to 

1984 Act Enforcement is a 

compliance through deterrence

In fiscal year 1995 the Co

to confront and terminate malp

in fiscal year 1994 the Com

comprehensive inquiry into t

conference and the impact of t

history This unparalleled init

investigation into TACA spossib

right of IA alleged discrim

unreasonable increases in rates 

possible operations without agre

scope of the agreement sau

November 1994 to include thre

pursue issues developed in the 

issues set forth in the fact findin

were the subject of settlement a

19
March and May 1995 Th

and the attendant proce

to rollback 1995 rate inc

to enter into independe

substantive and procedur

member lines right of IA 

shippers and cancel seve

independent carriers to 

Commission continues to 

settlement agreements to 

Investigative and en

cooperation and coordina

Ajoint support program b

Customs Service Cust

coordination of effort on 

fiscal year 1995 coordina

offices and Customs reg

an amended Memorand

agencies to provide f

information Retrieva

Automated Commercial 

also facilitated by the in

FMC headquarters

Also in fiscal yea

negotiations with Custo

Automated Broker Inte

Access to the ABI will 

information on shipping t

very difficult to obtain T

investigative information 

years 1996 and 1997 as 

and promote improveme

information
The Commission continu

enforce tariff integrity and en

filing and adherence require

program has been designed to 

and adherence practices of 

NVOCCs but improper 

misdescription of commod

measurements that undermine 

On September 30 1995 

offices in Houston New Orlea

Puerto Rico and reduced the 

in its remaining field offices i

York These actions which 

reductions will create s

Commission s enforcement 

challenges the Commission 

enforcement organization by c

Counsel and Investigations 

Enforcement In addition clo

and prosecuting attorneys 

reorganization scheduled to 

year 1996

During fiscal year 19

381 912in the compromise o

While this amount represen

collections in prior years it als

connection with the settle

substantial monetary savings 

estimated to be between 60

assessing civil penalties wh

Treasury

I

DEVELOPMEN

USFOREI

A TRANS

In fiscal year 1995 liner tr

and North Europe shifted dra

previous fiscal year Economi

combined with a weak USdo

productivity contributed towa

volume of US liner exports 

percent decline Yearend pro

North Europe will achieve a g

year high UScontainerized e

parts and forest and pap

particularly high growth rates

By contrast USliner im

was relatively meager in comp

fiscal year 1994 The dollar sd

demand for foreign goods in 

increase of only 2 percent for l

Shippers of major containerize

wine beer and non alcoholic 

declines in demand

The shift in the trade pa

liner trade imbalance by 47 

exports began to catch up wi

Overall trade volumes were 

improved utilization levels 

recessionary conditions that p

2
Conference carriers maint

share of around 70 per

westbound sectors of the t

As last year a su

resources continued to be f

Atlantic Agreement TAA

carriers during fiscal ye

agreement that permits its 

rates charges and conditio

the US and North Eu

August 31 1992 The c

agreement and renamed 

Agreement TACA eff

currently has 17 mem

Maersk Atlantic Conta

Co Cho Yang DSRS

Hanjin Hapag Lloyd A

Ltd Hyundai Medi

Shipping Nedlloyd Lijne

Lines Ltd NOL Nipp

Overseas Container UK 

Containers Ltd PO P

Inc SeaLand Transpo

CV TMM and Tec

TACA snewest member 

joined the conference in S

the trade by chartering spa

deploying any of its own v

The original agreeme

tiered membership structu

certain members and volun

also implemented a capaci

the westbound trade Euro

conference filed a revised a
other changes to restructur

eliminate the twotiered memb

TACA simplementation and c

Conunission to issue a fo

Information on August 10 

Commission staff found that 

conjunction with its dominate 

violations of section 6g of 

deliberations with the Comm

modified its agreement to 

2 establish a 15day windo

unilateral action on service co

cargo commitment for service 

of votes necessary for carrie

5 reduce the IA notice p

6 delete authority allowing m

inland European carriers and 

permit members to meet wi

engage in activities including 

the purpose of negotiating and 

Given these modifications th

action to prevent TACA from 

1994

The Commission cont

conference carriers activities 

impact of TACA on trade con

with section 6g and other pr

is required to submit quarter

and service activities capacity 

20foot container TEU 

operations

In addition to these actio

Commission resolved a numbe

its member carriers its success
non conference carriers in 

ended proceedings initiated 

alleged malpractices and 

terminating and dismissing 

21 Activities of the TransA

2 Docket No 9429 Prac

and its Members With Respe

No 9430 Container Po

Agreement and its Memb

Eurocorde Discussion Ag

Agreement

In return the settle

member carriers implemen

1995 rate increases provid

estimated savings to sh

2 changes to its service co

procedures and practices 

andor cancellation of va

agreements including Eu

Agreements 4 allowance 

under TACA and 5 ca

agreements

approval of the

with

settlement

NVOCC

amend its agreement to allo

on service contracts for one 

This measure was adde

competition in the trade 

unreasonable rate increase

on April 23 1995 Another 

for semiannual meetings b

Commission staff to review 

The first such meeting was 

Overall the Commiss

it conferred immediate eco
reduced rates reduced uncerta

and averted protracted and e

proceeding against TAATAC

SharingAgreements to Sh

through a separate settleme

May 10 1995 with the remov

anticompetitive provisions in c

VSA among TAATACA 

Along with the settlemen

independently introduced fu

contract negotiations by offerin

service contracts The confe

extending its service contrac

calendar years to become effe

While the FMC was en

TAATACA during the fisc

occupied with interpreting and 

the European Union EU 

European Economic Commu

1994 the EC formally ruled th

of a conference and therefo

exemption under Article 853

EC cited TAA s CMP its t

structure and its practice 

transportation among EU m

concluded that such practices 

that the TAA carriers violate 

involvement in such practices 

TAA to 1 cease immediate

from engaging in similar pract

and 3 offer shippers the opti

any contractual arrangement

monetary penalties were levie
Since the CMP and tw

removed by the carriers 

remaining issue in dispute m

to negotiate collectively a

response to the ECsrulin

European Court of First In

the ECs ruling on the le

suspension pending appea

the carriers request for su

could compromise the stab

was upheld when the Euro

appeal by the EC to overtu

carriers appeal on the le

TACA remains pending

Meanwhile the EC 

ruling by threatening to r

monetary penalties a meas

to 10 percent of the carr

carriers turned to the Cou

for interim measures to pr

application was dismissed a

revoked the carriers immu

not acted on its threat to 

compromise the EC has 

inland price fixing if efficien

obtained through cooperat

the carriers introduced an e

inland European transpo

movement of empty conta

improve service and cost eff

also formed a multimod

operational efficiencies 

reorganizing their Europea
On other maritime iss

regulations exempting certain 

agreements from the compet

the EC Treaty The new reg

1995 and gave the liner ind

comply If certain conditions 

block exemptions for such con

space or slot chartering te

pooling of vessels revenues o

ventures Liner agreements in

capacity non utilization an

excluded from this legislation 

vary depending on whether th

outside a conference They a

mandatory agreement provis

including the use of independ

membership withdrawal witho

months

effectiveness

notice after

Consortia

an ini

n

conditions may incur fines if 

depending on their circum

agreement with the EC or app

The consortia regulations wi

period until April 2000 and w

with the prevailing market sit

draft version of the regulatio

noting that the conditions 

unintended and unpredictable 

Continuing a trend that 

in the North Atlantic as well 

number of space charter arr

Some agreements filed durin

Lykes Lines Lykes a

major independent carriers 
trades entered into a space 

232 011491 effective Apr

USand North Europe

Maersk and the VS

Nedlloyd entered into 

rationalization agreemen

September 8 1995 in the t

Gulf Coasts and North Eur

performed under TACA A

Equipment Exchange 

compliance with the FMC

space chartering to sporadic 

parties also operate an

agreement in the trade 

reciprocal exchange agree

parties to purchase space o

Hyundai and Med S

charter agreement No 23

US Atlantic and Gulf C

agreement became effective 

B MEDI

US exports to the M

1995 due to a revival of E

weaker dollar Expected to 

exports were led by industr

and lumber which were ge

in Southern Europe US 

registered significant growth 

Italian Spanish and Turki

traffic from the Mediterran

percent for the year A 

volumes however was evid
reduced demand for higher pri

lost their competitive advant

values in Europe

The situation in line

substantially in 1995 in compa

a better economic performanc

increased shipments of manufa

trend toward containerization 

overcapacity and low rates in 

shipping in 1995 appeared to 

Strong world trade grow

development of containeriza

presence of newer types of me

boosted the development 

Mediterranean and elsewhere 

including VSAs are increasin

where shipowners are adopting 

requirements of the trades T

and North America registered 

capacity use over previous 

European liner trades repor

Despite strong competition fro

registered continued growth 

ports and currently are accou

intraEuropean traffic As 

expand the proportion of bre

more Rollonrolloff opera

regional markets including th

The rationalization of s

the major factor underlying 

implemented in the Mediter

became somewhat more cro

trade as a member of the So
Agreement SEAC N

conference for the trade 

includes Cast Logistics US

Maritime dAffretement D

Line Lykes Maersk Nedll

Navigation Co in addition 

was amended to permit the 

items that are exempted f

requirements The modific

financial guarantee that i

conference

Four carriers establish

to allow them to coordinat

the transport of cargoes bet

and Mediterranean countr

Agreement No 203 01150

upon rates service contract

in the trade between US 

points and ports on the Me

Sea of Marmara and point

ports The parties to t

Container Lines Ltd Italia

The TMM Contship S

No 203 011494 permits t

adherence upon rates to c

coordinate their services in 

Gulf ports and inland po

France and inland points in 

points in Mexico

The HUALWLS Sp

011478 authorizes the Wor

aboard vessels operated by 
the trade between USAtlant

Middle Eastern ports

TheNL TriconAgreemen

members of the Tricontinent

011305 Cho Yang and DSR

to Nedlloyd in the trade be

Mediterranean ports in Spain 

on the Red Sea and Persian G

SeaLand and Compania 

the Sea LandCTE Agreem

authorizes the formation of a j

US Gulf of Mexico Florida 

in the Western Mediterranea

C MID

As in the Mediterranea

East recovered somewhat 

overcapacity problems prevai

the Middle East have co

rationalization and restructur

Over the past year prospects 

in large part to the recov

economies an enhanced trade 

continuing trend toward cont

was expected to reach nearly 

same time a significant phen

establishment and proliferatio

operating in the EuropeAsia 

existence of these partnership

East and the Mediterranean

These structural changes 

a new demand for sophist
hastened the development 

including the Middle Eas

Middle East were forecas

Arabia sUSdestined ex

doubledigit expansion due 

and privatization efforts in 

India and the Subcontine

slowdown increasingly lik

Pakistan were affected by t

cotton prices The outlook 

was more favorable due t

outbound direction follow

exports to the Middle East 

in 1995 Israel and Saud

destinations for US expor

exports to Saudi Arabia w

nation shigher oil revenues 

and privatize the industria

facing Saudi Arabia were ex

to about 3 percent in the 

exports to the Subcontinent 

in India and Pakistan a

production facilities The c

persist until next year Nev

to India contracted last ye

exports to that nation is no

the rupee restraints on gov

interest rate increase that w

The trend toward ratio

shipping services was quite 

several significant coopera

during the year

The HMMKLine S

011513 permits the parties 
and to rationalize sailings in 

and the Middle East and p

including Alaska and inland 

The KLine Yangming 

Space Charter Agreement No 

to charter space from one ano

the trade between ports in Asi

New Zealand and ports on t

Alaska and inland USpoints 

The 8900 LinesAPL 

011487 permits the memb

Agreement and American Pre

agree upon rates terms and 

between the USand the Per

The Indian Subcontinen

No 203 011484 authorizes 

transportation rate and s

SubcontinentUSinbound tr

The NYKHURL Space 

Agreement No 232 011502 

on vessels owned by Hoegh 

rationalize sailings in the trad

Coast ports and ports on the 

The Italia di Navigazion

Trans Pacific Joint Service

Cooperative Working Agreeme

parties to charter space to 

services and to agree volu

between USPacific Coast p

Indian Subcontinent the M

Zealand
A number of agreem

include Mediterranean po

Mediterranean ports are co

sailing between the USEa

examples of these agre

Mediterranean section 

Agreement and theNL Trico

D 

African countries ag

growth in fiscal year 199

during which gross domes

percent The African Devel

its 52 member countries 

developed economies of So

percent The lowest perfo

Community of Central Afric

region beset by war and et

averaged 26 percent

The value of African 

fourth consecutive year 

terms to their lowest level 

Nigeria Libya Gabon Ang

principal exports

The principal trading 

Africa Angola and Nigeria 

84billion with South Afr

and Angola and Nigeria eac

from Africa amounted to 

which was valued at 7b

African trade was pl

approximately 30 percent m
experienced considerable prob

containers Increasing feeder s

and cooperative working agreem

alleviate the problem

Port conditions also hind

lacked equipment such as cra

unloading Labor unrest at ports 

These conditions as well as 

increased congestion at ports 

Mombasa in Kenya and Dar 

handle over 70 percent of the c

Central Africa experienced sev

the region such as Mogadish

Mozambique were generally ou

in their hinterlands In South A

Capetown enjoyed a surge in c

increased transshipment to Na

the end of April over 2500 

Capetown 22 percent more tha

Durban also had a comparable 

also experienced congestion Th

to accommodate 65000 TEUs a

It is projected that the port wil

the future

Some freight conferences 

The USSouth and East Africa 

of 10 percent on breakbulk car

surcharge was imposed to defr

port charges and other opera

West African Freight Conference 

100 per TEU and 5 per ton 

Safbank Line Safbank 

carrier serving Africa during 

3
operation to three separ

Atlantic Gulf and the US 

biweekly multipurpose s

Africa and the US Atla

carriers included Farr

Mediterranean Line Ital

and SeaLand In the We

an increase in cargo volum

Africa Pan African Lin

South and West Africa u

Significant agreem

included The West Afri

011510 a discussion agr

discuss tariff rates service 

contracts and other cond

the Steamship Line Coop

203 011515 a cooperativ

agreement authorizing th

and administer a chassis p

joined theAmerican West

007680 90

E LATIN AMERI

The economies of 

countries grew at an avera

year 1995 following an 

Despite the slower growth 

achieved growth rates o

growth occurred in Arge

region nevertheless achie

for the first time since 19

bad economic performanc

depressed by the collapse 

percent against the US 
declined sharply from US26b

January 1995

Intra regional trade grew 

countries outside the region T

for Latin America and the C

regional trade increased by alm

this increase came from reg

MERCOSUR Argentina Bra

Andean Group Bolivia Co

Venezuela the Central Americ

Costa Rica El Salvador Guate

Panama and the Association 

nations of the former British 

Central America Despite th

trading blocs trade barriers 

Colombia have applied to join 

Trade Agreement NAH lA 

already a member of NA HA 

Chile and MERCOSUR Mem

are also members of the Assoc

another development the coun

started negotiations with MER

UStrade with the region 

increased by approximately 1

percent Brazil was the leading 

tariff cuts and a strong currency 

for US consumer goods Ven

of US products by 16 perce

countries with a 10 percent inc

changed very little except from 

for copper and many nontrad

increase of nearly 25 percent i

3
Ports in the regi

problems due largely to 

landside space to store c

adequate equipment Fur

ports problems The po

region experienced delay

Some carriers serv

sharing would be a parti

imbalance and congestion 

East Coast of South Am

Gregorio de Navegacao 

Lines Four other carri

Empresa de Navegacao 

Transport agreed to share 

South America to their w

rationalization arrangem

containerized exports 

member lines of the Latin 

LASSA Crowley Ame

Seaboard Marine SeaL

Construction Co and th

Association merged and 

conference LASSA how

resigned in the fall of 19

Nacional and Chilean 

agreement and instituted 

the trade between the US

Other service chan

augmented existing servic

trade The net effect was 

generally replaced less fre

its service between the US

of South America from 

deployed three ships in a n
Coast and the East Coast of So

West Coast of South America tr

factors repositioning costs for 

expressed concern about backha

deferred decisions to exit the tr

Few rate increases were im

the fiscal year In July the InAm

doubled its surcharge to Santo

The added cost for a TEU reach

container FEU In Feb

surcharge for containers going 

another surcharge in April on a

security problems The April s

of moving a TEU 50 for an 

container

Agreements filed in the 

year 1995 reflected a general tre

arrangements including vessel 

services The Steamship Li

Agreement No 203 011515 

Agreement No 203 011574 HT

No 232 011501 and Comp

Ivarans Rederi Space Charter a

011489 are but a few example

trades which carriers are im

operating costs and improve se

F TRANS

The transpacific trade la

Northeast Asia and the fastes

Asia major export and import 

trades experienced rapid growt

fiscal year 1995 October 1994 t

4
unexpected downturn in 

outbound export trade

relatively weak dollar a

goods especially for high

Organizationally th

collection of concentric 

group of between nine 

depending on the trade 

authority of one outb

Westbound Rate Agreeme

three inbound conference

RateAgreement ANERA 

Freight Conference of Jap

the JapanAtlantic Gulf F

003103

The second ring is c

are members of the two 

these non conference li

coordinate pricing and se

and JAG member lines 

covering the inbound tr

Agreement TSA No 

outbound trades the W

Agreement WTSA No 

The outer ring is com

their prices and services i

in the voluntary rate coord

members This outer frin

and expanding governm

Ocean Shipping Co

For carriers operatin

1995 began with strong 
i

increasing volumes would suppo

traditional service contracting p

volumes for the first calendar q

10 percent higher than the sam

export growth was anticipated 

percent

Based on those expecta

increases of between 200 and 

of commodities moving inbound 

is outside ANERA sgeograph

shippers including a number of 

high volume offerings make the

the rates of smaller shippers are 

their business to non conference 

July cargo volumes were decli

signaling the beginning of a 

traditional holiday shipping sea

8 percent trade growth in 1995 w

4 percent or less In the fa

responded to these market press

to regain cargo from independen

out earlier increases

In the Japan trade the s

production resulted in reduced 

China in contrast expanded its 

Significant volume growth c

Southeast Asian inbound trad

Indonesia and the Philippines 

In the longterm China and 

appear to be the major growth 

1995 carriers began establishin

and Singapore the hub port for 

that growth Nevertheless th

Japan Korea Taiwan and Hon

4
for US exports and so

import market

Cargo growth in th

about 13 percent during 

to 19 percent growth the 

vessels in the outbound t

levels in the 80 to 90 pe

cargoes such as beef po

higher value and conseq

mainstay exports to Asia w

goods cotton and hay 

outbound trade averaged 

1995 And with forecasts 

to 13 percent range throu

to remain firm with furth

1996

New agreement ac

trades Notable actions in

its CMP in September K

a traditional conference 

No 232 011514 wit

Yangming a traditio

space and rationalize sai

Middle East AustraliaNe

and inland points KL

agreement with another n

011513 That agreement 

in Asia and the Middle E

points

During fiscal year 

major inquiries into the b

agreements in the transpa

issued Section 15 Inform
ANERA TPFCJ and JAG seek

relating to the conferences IA 

In July the Commission 

Economics and Agreement An

General Counsel to request e

WTSA as prelude to an investig

recent and potential future rate 

discussions between the Commis

the two discussion agreemen

indefinitely its CMP That p

coordinate a reduction in the ca

available for cargo originating 

the agreement

The foregoing matters re

production Consequently t

undertake an indepth review 

transpacific trades Reports 

investigations will be finalized 

G WOR

The year saw the begin

industry that are expected to 

organization and perhaps even 

conference system These chan

1 The creation of multitrad

the largest ocean carriers

2 The growth of serious te

non conference lines regarding 

and rate differentials and

4
3

The continuing pres

in the areas of confident

filing

In an effort to e

reducing overhead costs a

world stop twenty lines h

trade alliances variously 

alliances mega alliance

are composed of from two 

vessels terminals conta

worldwide However all

corporate identities and m

These new alliances inclu

American Pres

and OOCL

NYK NOL H

SeaLand and 

DSRSenator 

In addition several 

Yangming Hyundai Med 

less expansive agreeme

development into fullfled

Tensions between c

over appropriate rate dif

lines notably in the trans

increases in the service qu

have not been accomp

differentials those lines o
lines charged that they have bee

non conference rivals

Given the growing pricing 

larger vessels scheduled to co

possibility of a less restrained co

from potential revisions to shipp

heightened concern about the via

system

47

v

AUTOMATED TAR

INFORMATION 

A INTRODUCTION A

The 1916 Act and 1984 A

water in the domestic offshore 

Hawaii or Puerto Rico and for

file and keep open to public ins

to ocean transportation The 

service contracts be filed and tha

available to the public in tari

817 and 1707

A freight tariff filed a

schedule of rates charges 

transportation of cargo by a ca

contract is a special agreem

carrier sthat applies in lieu 

conunitments are made in a se

guaranteeing the carrier a min

period of time in considerati

carrier to a certain rate and se

Additionally terminal tar

persons engaged in carrying 

wharfage dock warehouse o

connection with a common car

domestic offshore commerce

The applicable statutes 

require the Commission to e

4
essential standards befor

Similarly service contract

if they do not meet 

requirements In order t

statutes provide for subs

properly filed for not ad

the essential terms of 

USCapp 812 815 

The Commission us

data for surveillance and 

issues raised by private p

as well as in any court 

provision on file at the 

evidence of the applicable 

service contract informati

statutory scheme is de

information to the shippin

to facilitate the flow ofUS

data is filed with and ma

implementation of the 

receiving up to a million 

The enormous amo

process with a limited nu

modern technology as a 

burdens on both the gove

systematic exploration of 

commenced with a serie

continuing through early 

B EARLY S

The Commission c

validity of the premises u

were based The study co
internal Commission analysis 

exporters and ocean freight fo

ocean carriers and conferences

The overall conclusion of 

retention of the requirement t

support in the maritime indust

need of modernization pa

computerization While conduc

Commission also began an intern

activity upon the Commission its

With the results of thes

Commission explored the is

interviewing carriers conference

and transportation service firm

overall belief of these parties t

system be automated but that im

system was overdue

C FIRST STEP IN TA

Recognizing that there was 

support for tariff automation th

to determine if any parties wer

appropriate system On Novem

published in the Commerce Bus

entitled Sources Sought for 

Commission Electronic Filing St

Tariffs A number of replies we

also raised questions of both a 

needed to be resolved before pro

leading to the eventual adoption 

51
D THE SH

On March 20 198

though the continued ne

been questioned by cer

private sector during hea

the requirement to file a

were authorized as an 

contracts were required 

Commission their esse

Commission in tariff fo

public

E THE TARIFF A

In August 1984 a 

was formed to gather a

1985 send questionna

conferences freight 

questionnaires focused o

to improve the process

At about the same 

inhouse survey was cond

its needs for tariff aut

concept

In August 1985 th

Tariff Automation A F

describing the results of t

the report described the 

review the Commissis

retrieval of tariff data 

system
The report recommended 

which would evaluate the tech

their costs including a market 

information and the likelihoo

could be recaptured

The report concluded th

contracted out since the Co

technical expertise Because th

that all future studies were unb

hired an industry consultant 

assistance The contract pro

remain independent of the fea

not become the contractor for 

F ATFI FEASI

TARIFF AUT

THE ATFI ADVIS

The Commission en

memorandum of understand

Administration GSA in Au

a feasibility study resulting i

GSA approved contractor

Early in 1985 the Comm

importance of not only solic

public arena the opinions of a

by the automation of tariff 

pursuant to the provisions of 

Act the Commission sATFI 

established

Candidates for membe

solicited The nineteen indus

three ocean carriers thre
NVOCCs three freight for

Brokers and Forwarders 

California Association of P

importers and the Americ

Importers two information 

Industry Association

The critical objectives 

established as follows

To allow each s

formulate and 

process of autom

To educate each 

about the needs 

such a process

To investigate th

and foreseeab

technology to ac

Then if feasi

compromises o

industry segme

acceptable and b

The ATFI Advisory C

between January and Novem

input to and reviewed the 

Contractor The final repor

principle by the Advisory 

changes In summary the F

filing Commission tariff 

functionality requirements 

assumptions
The functions and requ

identified in the study have no

backbone of subsequent efforts 

The Feasibility Study stat

Tariff automation appear

the maritime industry a

automation appears to 

potential costs of tariff a

the reasonable range wh

that would accrue and the 

process

G BENEFIT CO

PROCUREME

In October 1987 a Benef

a commercial contractor an

feasibility of the project Thi

Office of Management and B

1987 a delegation of procurem

obtained from GSA

H INQUIRY ON THE F

and PRESOLICITA

In December 1987 the 

draft request for proposals R

from the vendor community o

the Commission sought pub

functionality of the system in 

NCI
The purpose of this o

the regulated community 

fully aware of the Comms

Comments were requested 

the basic functionality of 

functionality as set forth 

throughout the project

The electronic 

Commission is seekin

the contractor sce

terminals at the Com

and retrieval Th

electronically filed is 

the industry Transpor

and will emphasize ta

as under the presen

basically equivalent 

paper tariffs and can 

to issue an entire rev

As recommend

Committee standardi

will not be mandated 

must have the capab

the appropriate time 

essential terms of ser

Full implementa

to allow commercial f

Exemptions at least 

types of tariff filers w

the electronic system

The system will 

existing computer equ
for full connectibility 

primarily by using 

microcomputers dialing 

Commission sdatabase 

online edit checks to ens

correct and that basic st

with before the tariff can 

checks for example will 

improper effective dates 

than 30days notice Oth

is warranted such as 

provisions will still have 

staff and if necessary re

The system computer ca

this process also

The ATFI system 

mechanisms to protect th

Tariff filers will b

tariff materials by remo

system by carriers or con

The carrier or conferenc

tariff so that the appr

Commercial tariff service

carriers and conferences 

into the database after c

their clients or transfo

electronic form The 

commercial tariff service

find it difficult to file ele

Once the tariff d

Commission will downlo

files formatted onto co

to any person at the rela
of

statutory

dissemination

duty of prov

T

charge In order to k

rapidly changing fre

however interested 

database tapes freq

subscription service t

The Commissio

processing of the tarif

in competition with 

expected that those se

tapes to facilitate 

Commission must h

tariff data internally f

purposes and will co

available valueadded 

for this purpose

In order to carr

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 proceedin

tariff rates Inquiry o

1987 52 Fed Reg 45

The Commission also 

draft RFP that remote acce
modem would be available any 

tariff information by any intere

While the Commission wa

the proposed features and fun

system a draft RFP was iss

Firms and individuals on the 

submit their questions on the p

and to attend a presolicitation c

facetoface questioning

In April 1988 the Comm

Automation Inquiry 53 Fed 

rationale for the features and fu

I REMOTE 

While the Commission w

RFP it became aware of con

Subcommittee on Informatio

OMB concerning the function

feature was intended to allow 

telephone modem access to a

conference It would give ac

would not provide for sophisti

this feature were based on a

Commission might compete 

added services offered by priv

the Commission acknowled

automation but placed the dev

to resolve the remote retrieva

During the period June 

reassessed the functionality o

the area of remote retrieval 

with officials of Congress and 
revisions were made to 

exigencies and legal req

Commission issued to so

draft RFP for comment o

the Commission remained 

remote retrieval

After much analysis a

decided in December 198

system with remote retrie

Automation Inquiry the Co

The controllin

functionality of its A

properly considered 

such as 1 the syst

other members of the 

role of privatesec

Commission believes 

In October 19

heard of any compl

privatesector contrac

of the Feasibility of a

report accurately des

the ATFI system in te

sector firms to fully 

submitting proposals 

and discussed by the 

Committee at the tim

remote retrieval

More importan

Commission and the A

Study Report subop
functions as an acco

information firms

Accordingly the s

allow the general publ

rudimentary retrievals of t

of the data

In consideration o

Commission and the ava

to properly perform 

accommodation appeared 

The shipping publi

modern technology by be

tariff data on a limited 

services the utilization 

filing and retrieval con

efficient tariff filing and 

fair competition and fac

Accordingly and 

Commission believes tha

policies and conflicting i

system and has struck a 

functionality of ATFI 

Feasibility Study and 

December 23 1988 53 

J CONTRACT AWARD 

After receiving many tec

RFPs and after resolving t

Commission issued a final R
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 Dat

Pittsburgh Pennsylvania w

as the best cost proposal 

life also contained option

Development and Testing 

Operation The contract i

exercise of all options 

September 5 1989 and du

finished Phases I and II as 

Testing

The system Prototy

1990 As required by the 

existing software being dev

there was any that could be 

in order to improve it T

software package one bein

functionality requirements 

time the Contractor and 

changes mostly from new 

system One such propose

new model minicomputer fo

computer This would con

but significantly improve 

submitted a proposed mo

changes and Delegation 

obtained from GSA for the 
Since DXI contemplated 

for its proprietary software it 

donate the software to the Co

agree to a cosponsor approac

Regulation FAR at 48 CFR 

its enhancement and relinqu

Commission Thus the new c

protect DXI s rights in this s

escrow arrangements The C

oneyear warranty after it form

complete access to the underlyi

thereafter

Under the license agree

copyright notice as follows 

International Inc Unpublishe

copyright laws of the United St

and 5222714 The Commissi

this or any other commercial p

prime contract requires an

performed by an affiliate of t

separate from contract pe

cosponsored approach allowe

27408 and as implemented 

arrangements complied with 

101st Cong 1st Sess 5 6 198

in establishing the ATFI syst

steps to ensure that the priva

gaining an unfair advantage ov

provision of valueadded se

contract was modified to inco

The last optional phase 

towards the end of fiscal y

Commission elected to con

contractual arrangement with 
what approach it would us

and develop an updat

Accordingly the Commiss

Inc contract that were lim

ATFI equipment and othe

began the process of deve

a contractor to design an

functions

K DOC

On August 1 1990 th

9023 in which it issued a 

ofProposed Rulemaking r

some of the basic features 

they may impact curre

December 26 1990 the 

Report which considered 

the issues raised in the NO

On March 25 1991 

Interim Report that respo

tariff filer firms which had 

Commission sfiscal year 19

Subconunittee on Mercha

on Merchant Marine and 

These concerns were subm

1991 The Second Interim 

The Commission s 

proceeding was issued on 

the remaining issues listed 

Notice of Proposed Rulem

The proposed rule in 

Contracts was issued on 
46044 as a new Part 514 of 

for comments being October 

sole allinclusive CFR part cov

filed into the Commission sele

which govern the filing of pa

will be removed from the CFR 

581

Still further comments w

session was conducted by 

consideration of all the comme

proposed rule in an interim r

Reg 36248 The interim r

issues as follows

The Harmonized 

was changed fro

preferred without 

As suggested by the 

of service contract

vis the database f

some degree of sta

and with the fina

another round of 

Algorithms need n

possible assessoria

pre determinable 

algorithm requirem

for linking textua

the dummy algor

fulltext format 

algorithmization w
Further comments w

publication As a result o

ATFI Amendments were is

Reg 25 effective on Febr

the First Interim ATFI Ame

electronically filing essenti

in fulltext format

L BATCH 

The proposed refine

issues contained in the fisc

also required revision of th

Reference Tables transact

1990 The NOI in Docke

Commission would not mak

software but would distrib

reference tables in a batch 

and transfer of tariff data a

the development of their ow

Accordingly the first 

in Docket No 9023 append

containing among other th

formats data dictionary an

first issuance the Batch Fil

times to reflect major system 

time attempting to provide 

notice of such changes as p

User Guides such as the AT

also revised when necessa

subscribers This process is 

the life of the system
M MISCELLANE

Certifications of firms fo

late fiscal year 1992 There 

many of which are assisting ca

their tariff matter to electron

On February 11 1992 

ATFI implementation prev

would have to be postponed 

relocation of FMC headquart

that the move would take pla

Report No 2 and Order i

August 12 1992 provided a n

filing requirements phased in 

filers beginning in early 199

The implementation 

December 17 1992 at 57 

republished on May 28 1993 

schedule provided that the of

at different times in calen

conferences operating in the W

trades were scheduled to fil

European trades the Afric

AmericanCaribbean trades 

trades Terminal operators 

offshore trades filed last Fin

beginning of the electronic f

service contracts Many file

their designated time frame 

time A total of 36 

carriersconferences were f

enabling carriers to extend th

extensions however the C

December 31 1993 as being 
be in compliance Thos

Commission schedule foun

show cause why their tariffs 

to file timely in ATFI form

show cause order on this m

on February 13 1995 an ad

canceled for failure to file 

had their paper tariffs canc

electronic format

During fiscal year 199

ATFI system At the end 

effective tariffs in the system 

percent compared to fiscal y

terms of service contracts en

are electronically filed in AT

hour basis to any of the a

organizations including go

access ATFI data

The Commission has 

updated by routinely and sy

Guides and issuing press rele

The Commission also is con

ATFI locations database I

the Commission publishe

proceedings that affect the t

9501 proposed the eliminat

581 which contained the Cos

paper format Since the A

and operational with all pa

format or canceled there no 

filing rules These regulatio

effective May 23 1995 Add

Commission proposed a rule 

format for filing service con
contracts presently are require

Since the essential terms of the

electronically filed in the ATFI 

a proposal to reduce duplication 

The rule would afford the optio

contract which incorporates by 

the electronic essential terms fi

information and contains a ce

and referenced essential terms 

A final rule is anticipated in fis

The Commission also exe

contractor to maintain the sy

Recompetition of the contrac

enhancements in line with tec

held in abeyance given budge

surrounding the future of tariff 

fiscal year 1996 to ensure cont

N UPDATE ON 

SEPTEM

Since 1986 during the Fea

members of the public expres

accessibility of the ATFI system 

a more detailed description of 

Annual Report of the Federal 

tariff material was to be made 

the Commission sATFI system 

ATFI not compete with private 

services Congress expressed t

Pub L No 101 92which provid

impose reasonable controls u

access usage by any one perso
This statutory res

contained in HRRep 17

the Commission sfiscal y

In implementing 

the Commission to 

that ATFI will not 

of information ser

Feasibility Study re

system should be o

analysis of the da

governing the system 

to access the system 

automatic logoff

In response to this di

for remote retrieval of ta

not filers in the following 

1 A tariff retriever wo

individual tariff per conn

and

2 A tariff retriever wo

as 30 minutes per connec

These restrictions w

preparation for the planne

As indicated herein im

February

headquarters

1993

offices

because

In

of

th

President signed Pub L N

USC app 1707 a 

referenced above See se

major features of Pub L 
a The Commission m

tariff data without time quantit

b A direct access char

retrieval and

c A secondary use ch

use of tariff data maintained b

multiple tariff information obta

the Commission This secon

September 30 1995

The Commission implem

No 102582 by publishing regu

vendors that wish to obtain t

submit a plan for collecting 

expiration of the secondary use 

1995 retrievers of ATFI data 

46 per minute There are n

tariff data

V

THE FOREIG

PRACTICES 

A GE

The Omnibus Trade and 

enacted by Congress and effec

on August 23 1988 contains at 

Shipping Practices Act of 1988 

The FSPA directs the C

conditions affecting US carrie

trades which conditions do no

USeither under USlaw or a

or others providing maritime or 

US

During fiscal year 1995 

potentially restrictive practices 

and the PRC which may 

proceedings under section 19 

included requirements and res

Harbor services and lim

consolidation services in PRC

B TOP TWENTY 

TRADING 

Section 10002 go

Competitiveness Act of 1988 re

annual report to Congress a lis

that generated the largest volum

7
the most recent calendar y

States

list of

The

top twenty

data that

partners

the s

Census Census Cen

tramp tanker and dry c

service as that type of serv

of vessels on berth The 

vessels in liner service are 

Census supplies to the Co

nonliner shipments in ac

The export data are 

Export Declarations while 

the import entry and wa

documents are required to 

are subsequently forwarde

statistics exclude shipme

shipments of mail or parce

themselves and other tran

goods shipments bunker 

shipments through the US

The most recent y

available to the Commissi

on the next page gives 

generated the largest vol

bilateral trade with the US

represent each country sto

thousands of long tons
Top Twenty US

Trading Par

Rank Country 

1 Japan 

2 China PRC 

3 Taiwan 

4 South Korea 

5 Germany 

6 United Kingdom Incl N Ire

7 Hong Kong 

8 Brazil 

9 Italy 

10 The Netherlands Holland 

11 Indonesia 

12 Thailand 

13 France 

14 Belgium 

15 Australia 

16 Philippines 

17 India 

18 Spain 

19 Malaysia 

20 Venezuela 

Source US Department of Commerc

above are based on monthly data p

revision

7
The same countries 

trading partners in 1994 as 

occurring among the partn

Brazil smove from 10th to 

to 16th and Venezuela s

Since the Commiss

liner trading partners in ca

changes have occurred in 

trade with China and Sou

of bilateral trade with Ch

since 1987 In 1987 China 

five in 1989 and has been 

since 1992

Bilateral trade wi

increased significantly eg 

increased 184 percent and 

in the rankings of Southeas

mirrored the rapid advan

eight years
V

SIGNIF

OPER

ACTIV

B

ORGANIZAT

A OFFICE OF T

1 General

The Office of the Secreta

all matters submitted to and e

the Conunission Accordingly 

preparing and submitting reg

matters for consideration by the 

maintaining the minutes of actio

these items receiving and pr

complaints involving violations 

other applicable laws receiving 

applications and application

administrative errors in service 

notices of actions of the Comm

and records of all formal 

communications petitions noti

legal instruments in administra

served on the Commission or m

administering the Freedom of I

Sunshine and Privacy Acts resp

from the Commission staff ma

issuing publications and au

documents of the Commission c

volumes of Commission decis

copies of the Commission sre

responsible for approving or de

The Secretary s Office 

development of rules designe

complexity of formal proceed

implementation of legislative ch

During fiscal year 1995

79
The Commiss

formal procee

were discontin

while 6 initial 

Judge becam

Commission 

concluded 162 

informal doc

against carrier

period the C

rulemaking pr

rule

Eight rulema

petitions were 

end of the ye

are anticipated 

Special Docke

proceedings d

2 Office of Informa

Informal Dockets

This Office coordina

system throughout the Co

and information requests 

Recoveries to the genera

other savings attributable 

amounted to 213 771 

complainants recover ove

The Office facilitat

industry representatives a

materials and informatio

During fiscal year 1995 
telephone requests and inquiries 

with members of the Presidens

which it participated throughou

In addition the Office 

adjudication ofreparation claim

shippers against common carr

foreign and domestic offshore 

claims must be predicated upon 

1984 Act or the 1933 Act Man

this program constitute sh

adjustments arising from alleged 

a significant number pertain to 

effects shipments During fiscal 

while 2 pending cases were carri

During the same period 26 

concluded by the Office w

elsewhere There were 10 pen

fiscal year

During fiscal year 1995

The Office continued 

discussions designed 

and complaint resol

The Office jointly p

General Counsel in t

Expo for Congressio

presented an opportu

the types of constitue

The Office continu

activities Efforts i

significant increase 

complaints received

81

B OFFI

ADMINISTRATIV

1 General

Administrative Law Judge

held after the receipt of a c

proceeding on the Commission s

ALJs have the authorit

affirmations issue subpenas ru

receive relevant evidence take o

whenever the ends of justice wou

the course of the hearing hold 

or simplification of the issues by 

of procedural requests or simila

recommend decisions and take 

agency rule consistent with the A

At the beginning of fiscal 

were pending before the ALJs 

cases were added The ALJs he

formally settled six proceedings 

proceedings and issued six 

proceedings fourteen decisions 

and one initial decision in an inf

2 Commission Action

The Commission adopted t

twelve special docket decisions o

83
3 Decisions of A

proceedings not 

Military Sealift Comm

et aL Docket No 90 0

This proceeding 

Arrangement or Agreem

Inc SeaLand P 0 

Lines TFL and Ned

SeaLand agreed to ch

Nedlloyd and the partie

charter space to each ot

SeaLand

Article 5iof the 

Sea Land svessels shall b

carriage of USpreferen

bills of lading or contrac

Section 10c6of 

provides that no group o

allocate shippers among 

agreement or prohibit a 

from soliciting cargo fr

otherwise required by t

importing or exporting c

It was found in a 

initial decision dated Ju

reference the February 

prohibited allocation and 

required by any law of th

remove Article 5ifrom 
from the prohibited conduct 

the Commission on exception

Amzone International 

Management Inc v Hyund

Docket No 9417

In this proceeding two 

denied service contracts by re

were similarly situated to ano

such contract in violation of s

1984 Act One shipper Amz

the other continued to litigate 

respondent carrier sattempt 

contract by canceling it befor

Commission did not effective

complainant Universal was 

consideration by the carrier 

service contract

Application of Ocean Star 

of Oceanbridge Shippin

No 2929

In this proceeding the 

permission to apply discounts 

system to two shipments wh

discounts Permission was gr

the 1984 Act because the 

inadvertently canceled the cas

filing an erroneous tariff notic

making higher tariff rates app
Application of Transpac

and Orient Overseas Co

Armstrong World Indu

No 2930

In this proceeding the 

were granted permission 

freight charges on a part

Taiwan pursuant to section 

was granted because app

instruct their tariff publish

container rate prior to ship

to higher tariff rates becau

Stauffer Chemical Euro

Specialties Formerly IC

Informal Docket No 

In this proceeding co

overcharged on a shipment 

of section 10bof the 1

reparations amounting to 5

representative

carrier denied the

was

claim

not aut

an

behalf It was found tha

different rates that could 

shipper was therefore entitl

that the shipper sreprese

complaint Reparations w

amount claimed
4 Pending Proceedings

At the close of fiscal y

pending proceedings before 

investigations initiated by the 

proceedings were instituted b

applications by common 

conferences port authorities 

trade associations and stevedo

8

C OF

THE GENER

The General Counsel 

Commission This includes re

recommendations for Comm

rules to implement Commiss

decisions orders and regulat

In addition the Office of the G

or oral legal opinions to th

general public in appropriate 

detail below the General 

Commission before the courts 

Commission sinternational a

1 Decisions and Rulem

The following are a

representative

Office

of matters pre

Fact Finding Investigatio

TransAtlantic Agreement 

the TransAtlantic Agreem

Respect to Independent A

ContainerPool Practices o

and its Members Docke

February 24 1995

On July 27 1994 th

extensive investigation into th

Agreement TAA subsequ

Agreement TACA and its 

investigation similar in proce
in response to reports of alle

several sources including 

initiatives and inquiries an

In its order instituting 

the Commission announced 

the TAA lines had engaged 

Act including

Unreasonably in

reducing compe

Operating unde

filed or in a m

terms of its filed 

Retaliating agai

threatening to re

or by resortin

discriminatory m

Subjecting part

traffic to unreas

or unreasonable 

Knowingly and 

account of unta

entering into se

Boycotting or 

resulting in unre

Allocating ship

prohibiting TAA 

from particular 
Charging demand

greater Less or d

transportation of p

tariff rates and ch

To augment the fact findi

also issued two compulsory 

members to provide informa

1 alleged restrictions on the 

TAA members and 2 

transshipment agreements an

agreements The Commission 

of such agreements constitu

circumvent otherwise applicab

The purpose of the p

Commission to determine whe

of violations of the 1984 Act to 

the institution of injunction pr

Fact finding hearings were co

York and Washington DC

The Commission announ

as a result of evidence develop

No 21 it was instituting two s

directed at certain activities 

Docket No 9429 Practices of

its Members With Respect 

investigation into unlawful re

members to take IA and Do

Practices of the Trans Atlantic 

investigation into unlawful co

members and apparently sanc

A proposed settlement a

9429 and 9430 and Fact F

9
submitted to the Commiss

and its member lines the 

Counsel and the Invest

Investigation No 21 U

settlement the TACA lines 

1994 levels revise service c

and revise TACA provisio

under the settlement the T

discussion and conference 

trades thereby removing 

between TACA and non

competition related matte

eliminate much of their cu

to cancel all connecting car

to implement a plan to set f

contracts the terms by whic

made available to ship

representatives of TAC

semiannually to discuss TA

September 1995

On February 9 199

comment on the propos

Commission received 24

settlement over 200 of 

settlement However a n

favor and opposed expre

significant TACA rate incr

approved

On February 24 19

approved the proposed 

However noting concerns a

1996 rate increases the Com

approval that the TACA l

enter into service contracts 
year The carriers satisfied t

filing an amendment to their 

that any TACA member may 

contract with any shipper o

transportation of cargo includ

the trade for the 1996 contract 

effective Shippers will also r

a TACA conference service c

Petition of South Caro

SCSPA forDeclaratory 

SR175 May 1 1995

The Commission grante

request to initiate a declarat

the practices of SCSPA The P

of the Commission sRules of P

502 68 1993 requested a 

without peril in issuing in its 

the criteria it will apply to 

terminal operators MTOs 

well as provisions reserving 

performed at its facilities thus 

to its publicly owned facilities 

Commission instituted a proce

of the SCSPA sproposed ste

ruled that issues relating to 

certain MTO functions involv

well as future practices o

inappropriate for determin

proceeding
Section 6g of the Ship

9323 58 Fed Reg 6

The Commission initia

Rulemaking concerning se

purpose of the Advance N

whether the Commission sh

that would describe its enfo

and if so what form such g

round of comments the Co

broad range of comments o

of the possible 6g guide

invited and received reply c

government agencies On 

voted to discontinue this pro

methodology was best deve

application

On the same date 

proposed rule to revise it

requirements This new r

various meritorious suggest

No 9323

American President Li

Corporation Docket 

President Lines Ltd 

Docket No 9201 26

American President 

complaints against Cyprus C

violations of section 1a

alleged misdescriptions of 

Japan Upon APL smotion 

motion for subpena the pre
Cyprus motion but granting A

of 455 34 57plus interest 

award APL the attorneys fee

filed exceptions to the order 

argument

The Commission in an 

found that the filed rate doc

under the 1984 Act and the

other than tariff rates is irre

found correct the ALI sdenia

However the Conunission ex

the state of the record In p

classification of the cargo un

methodology used to com

Commission accordingly rem

to resolve those limited issues 

should APL ultimately preva

for attorneys fees The AL

matter during which both 

introduced additional evidenc

initial decision in which he 

classified the cargo shipped ac

that APL used the proper me

charges due Cyprus subse

decision On January 3 19

filed a Joint Motion for Dism

The Commission approved th

2 Litigation

The General Counsel 

litigation before courts and 

Although the litigation work l

Conunission upon petition for 

US Courts of Appeals the G
in actions for injunctions e

actions to collect civil pen

Commission sinterest may 

The following are rep

the Office

Puerto Rico Maritime S

Cir No 951643

The respondent in Sa

Maritime ShippingAuthority 

Hecht v Puerto Rico Maritim

9321 filed a petition in t

Commission sorder ofApri

found that the tariff and bill 

Maritime Shipping Authorit

to pay costs and attorneys f

recover unpaid freight viola

that carriers in the dom

reasonable practices relatin

of lading PRMSA sought r

in the US Court of Appea

oral argument in the case o

pending

Burlington Northern R

Terminals Inc Docke

May 21 1993

Complainant a rail 

respondent an MTO asked 

the Commission sruling as 

item under which the termi

money The tariff item in q
money The tariff item in ques

rail cars delivered to the term

was conferring benefits on the 

and use of terminal facilities 

duty of delivery of the rail cars 

to the Commission the rail ca

items which dealt with charges 

terminal in cases of disrupti

delivering rail cars to the term

The Initial Decision I

Commission lacks jurisdiction 

of the challenged tariff items 

remain in the tariff subject to 

did not relate to marine termin

Commission reversed the hold

jurisdiction under section 1d

app 1709 dover charge

them in the order requested fo

that complainant is not a user 

facilities insofar as these includ

supporting structures Tariff 

disruption and delay in delive

Commission sjurisdiction und

deleted from the MTO stariff 

the ID to the extent that it relie

46 USCapp 832 for determ

Act The ID was otherwise a

held in abeyance for the partie

from the Interstate Commerce 

sought a declaratory order in a 

parties reached settlement 

proceedings before the Distric

The settlement was approved b

was administratively final on N

9
Hanstai International I

1165

The complainants 

Development Corp v As

Agreement Docket No 92

v Asia North America Eas

9207 and Pacific Motif I

Rate Agreement Docket N

of the Commission sorders 

1994 in which the Com

jurisdiction to determine if 

into under section 8c of t

contracts at issue contained 

the shipper sremedies in 

perform that provision d

initio 3 the members of t

to establish tariff rates tha

rates in the subject service 

1984 Act bars the Comm

although couched in term

sought remedies or asserte

a breach of contract actio

a court On April 12 199

DC Circuit issued a p

Commission

USA FMC v Marlyn 

Civ 6253 TPG

Martyn Merritt Me

by the US District Cou

York enforcing the Comms

The Commission had as

against Merritt individuall
Maritime Group Inc Ar

created and controlled cha

violations of the 1916 Act 

Second Circuit affirmed the 

challenge to the Commissis

direct appeal to the US C

taken The Court of Appea

Court and the Commission t

be raised in defense of a

penalty orders under the 19

District Court continuing 

Merritt and Ariel assets w

order to disburse was en

Commission received a to

interest from the bank holdi

1995

Universal Fixture Manufa

Cir No 941623

Universal Fixture Ma

filed a complaint against th

Rate Agreement ANERA 

1984 Act The dispute c

between Universal and A

shipped less cargo than it ha

the Commission issued a 

violations of sections 321 

remanding the proceeding t

was warranted Subsequen

to dismiss the remaining alle

granted on November 18 1

to the Commission

allegations

On appeal

of misrepresen

the Co
court or arbitrator and n

Conunission found that Us 

misrepresentations waiver 

common law contract actions 

claims under the 1984 Act T

that there was no conunon so

and that the filed rate doctrin

also found that Universal did 

that it did not have to resolv

costs at that time Universa

review with the US Court of 

May 14 1995 Universal sm

granted

FAX v Wilfredo Garcia 

W Garcia Forwarding 

District Court Middle D

Action Number 3 CV92

On December 7 1992 

seeking a preliminary injunc

violations of the 1984 Act 

Commission administrative pr

The defendants had allegedly 

in freight forwarding services 

as an NVOCC without a t

willfully using an unfair dev

transportation for less than 

unfair practices in the adjustm

failing to establish observe 

regulations and practices 

receiving handling storing 

defendants had also alleged

other unlawful conduct in boo

with ocean common carriers a

licensed freight forwarders 
consent and assuming fictitiou

identities

TheUS District Court gr

Upon information that defenda

the Commission filed a Motio

Alleged Contempt for Viola

District Court entered a Stip

March 8 1993 which among o

from violating any provisions o

permanently enjoins defendant

trucking transportationrelated 

to injured shippers and term

telephone numbers Defendan

allegations and violations in 

Court ordered a public defend

A hearing was held on July 6 

months of imprisonment The 

Garcia s arrest on July 14 

supplemental briefs on hearing 

defendant in contempt were 

motion for finding of contem

1994 He remains a fugitive

3 Legislative Activities

interests

The

in

General

all matters

Counsel

be

commenting on proposed le

preparing testimony for Com

to Congressional requests for 

During fiscal year 1

Congressional inquiries were 

comments The Office a

testimony for four Congressio
4 Significant Ongoi

Pacific Trndpc Inquiry

In June 1995 the Com

an informal inquiry into t

Pacific trades the Transpac

and the Westbound Tra

WTSA These agreeme

widespread economic rece

for all carriers operating in 

to allow conference and 

matters of mutual concern 

at common rate and se

authorized the establishm

whereby the TSA memb

maximum allowed capaci

from the shipping public a 

capacity

The Commission s

stemmed from the change i

trades which now appear 

carriers After an initial re

recent WTSA and TSA 

intensive negotiations with 

production of documents 

operations and secured 

Termination of the CMP 

additional vessel space bein

increased competition in t

lines have cut rates on a n

Pacific The Commission 

other aspects of TSA and W
Petition for Exemption 

Requirements in Regard 

Personal Effects for the Ac

Administration Petition 

April 10 1995

On April 14 1995 the 

Association of America Inc f

Commission exempt NVOCC

and bonding requirements to 

in the transportation of used 

effects of personnel of federa

domestic and foreign comm

solicitation issued and adm

Commission issued notice o

April 20 1995 and requested 

views by May 25 1995 Four 

and no comments were filed 

1995 the Commission grante

rule amending its regulation

from the tariff filing and bo

requested by the petition

Information Form an

Requirements for Agreeme

Carriers Subject to the S

No 9431 59 Fed Reg 

The Commission prop

governing the information 

agreements among ocean co

Act The Commission p

information form that accom

a new form applicable to c

would require the submission 
member lines cargo carryin

patterns before they entere

the Commission proposed 

member lines of certain kind

reports on their operation

which would reflect the lin

and port service patterns aft

The application of the prop

would depend primarily on 

its carrier members to e

secondarily on the carrier 

An agreement that does n

specified by the proposed 

Commission

existing filing

unless

exemptions

it qua

b

form or reporting obligation

is to provide the Commissio

impact of concerted carrier 

of the U S and to facilitate 

ocean carrier agreements un

Comments on this propos

Commission action is expe

year

Vessel Sharing Agreeme

Docket No 9428 27 

On November 23 19

members of four VSAs ope

to show cause why those agre

canceled or modified for vi

and readmission requiremen

3 of the 1984 Act At issu

withdrawal penalties cou

membership in TACA
On February 9 1995 the C

a proposed settlement agree

disapproving this settlement th

parties had not reached a s

material issues covered by t

March 6 1995 the parties su

second proposed settlement 

agreement the lines agreed 

agreements the requirement 

members of TACA In addit

those sections of their agreeme

party withdraws from a VSA i

for five years Instead the par

conference membership in 

Commission approved this sett

that it resolved the legal issues 

the parties into compliance wit

Coloading Practices by Non 

Carriers Shipper Affiliate 

Docket No 9322 58 Fed 

1993

The Commission issued 

coloading regulations to remov

and reflect developments in co

proposal would redefine the t

combined pursuant to an a

NVOCCs and to exclude cargo 

issues its own bill of lading 

comment on whether full 

coloaded The proposed 

agreements to be put in writ

Commission prohibit coloaded 

a service contract and limit 

service contracts The Comm

1
the more fundamental iss

prohibited altogether

Upon review of the 

the proposed rule the C

proceeding in abeyance an

coloading practices are co

Therefore on November 

new proceeding Docket N

for Coloading Practices an

Coloading in which it serv

contravene statutory tarif

9426 also solicits commen

initiate a proceeding und

exempt some aspect of 

applicable requirements if 

can be identified Comme

5 Foreign Shippin

Matters

The Commission has 

foreign shipping practices 

the FSPA Section 19 

Commission to make rules 

in the foreign trade to adju

shipping The FSPA direct

conditions affecting U S c

conditions which do not e

but do exist in that foreign 

During fiscal year 

potentially restrictive pract

and the PRC which m

proceedings under section 
On September 12 1

Information Demand Orders 

trades to collect information 

for the use of port and term

Commission is investigating 1 

a process of mandatory discus

for port usage 2 manda

requirements 3 restrictions 

disposition of the Japanese Ha

collected from carriers ser

restrictions issues are of se

operating in the USJapan 

carriers

In its investigatory ord

information about these prac

Government of Japan in harb

will review the information p

determine if further action is 

proceedings under the FSPA 

Act Under these Acts the C

levy pervoyage fees on Japane

from operating in the US tra

With regard to the PR

Counsel is monitoring indicat

has not carried through on a 

Government in November 19

and consolidation by wholly fo

ocean carriers We understa

carrier has been allowed to e

except in the form of a joint v

The US Government is curr

through diplomatic means h

efforts prove unsuccessful i

under section 19 or the FSPA 

1
The Office of the G

interagency groups and 

particularly as technical ad

Policy Group whose other 

the US Departments of T

Justice and the Office of t

Office also coordinated an

visitors

Another responsibilit

and verification of contro

1984 Act Common carrie

foreign governments are r

filing requirements under t

and makes appropriate re

regarding the status of pote

in conjunction with othe

monitors the activities of 

1995 the Office reviewed 

to the controlled carrier st
D OFF

EQUAL EM

OPPOR

The Office of Equal Em

applies knowledge of Federal E

concepts procedures and regu

comprehensive program of equ

Office works independently 

Chairman to provide advice to 

in improving and carrying out 

discrimination and affirmative 

The Office is respons

planning special emphasis 

processing and adjudication w

assigned EEO counselors and 

Coordinator

The Office works closely 

Personnel managers and supe

Improve recruitmen

minorities and 

conditions in the w

Provide adequate c

Facilitate early re

problems

Develop program p

1
The Director Office 

employees who raise allega

the investigation hearing 

resolution of such compl

rejects formal complaints o

decisions for resolution of 

evaluates the program sim

Significant accomplis

following

1 Provided briefings to 

2 Provided internal a

employment topics

3 Provided extensive c

supervisors and employee

4 Assisted in managem

5 Continued to utilize 

the agency to upgrade the 

EEO staff

6 Developed informatio

executives district directo

7 Planned and develop

special emphasis program

8 Continued to improv

Federal agencies and the c

programs in the special e
9 Continued to chair the S

Directors

10 Developed and implemen

and programs in response to P

During fiscal years 1996 a

all existing programs and initia

to increase an understanding o

E OFFICE OF INS

The Office of Inspec

Commission was established p

Act of 1978 which was am

additional statutory inspectors 

entities including the Commis

It is the duty and respon

Provide policy d

supervise and coo

relating to the 

operations

Review existing a

regulations relating 

and operations a

concerning the im

regulations on the 

the prevention and 

the administration 

and operations

Recommend policie

or coordinate ot

financed by the C

promoting econo

administration of o

and abuse in the 

operations

Recommend policie

or coordinate relatio

and other Feder

governmental ag

1
agencies with re

promotion of 

administration 

of fraud and a

administered o

the identificatio

any fraud or ab

Keep the Chai

currently inform

other reports c

problems abus

administration 

administered o

recommend co

problems abus

the progress ma

action

In fiscal year 1995 th

final one draft audit and 

of informal and formal i

during the fiscal year

Towards the end of f

a number of audits in con

fees required to be collecte

pursuant to Pub L No 10

that access by private cust

commercial tariff service co

that user fees collected pu

remitted to the Commissio

The Inspector Gener

of the Executive Council o

and serves on a number of 
In fiscal year 1996 the OIG 

of significant audits as well as o

followup reviews Investiga

necessary The Office will conti

encompassed in the vision stat

General In addition the EC

exchange of views for the insp

provides a base for the establish

projects It is anticipated that 

active in these projects as they 

11

F OFFIC

MANAGING 

The Managing Direct

responsible to the Chairm

coordination of Commission 

Bureau of Econom

Bureau of Tariffs 

Bureau of Hearing 

Bureau of Investig

Bureau of Admini

and thereby implements t

Commission and the adminis

the Chairman

Also the Managing D

guidance to the

Office of the Secr

Office of the Gene

Office of Administ

and administrative assistance 

Office of Equal E

Office of the Inspe

Further early in the fiscal 

Resources Management IR

Bureau of Administration t

Director
This has been establish

achievement of Commission 

In addition the Manag

and Management Inter

Commission and the Offic

Managing Director is th

Executive its Designated 

Commission sChief Operat

At the beginning of 

appointed the Deputy M

Contracting Officer In th

Director has direct respon

contract and the plann

requirements Additionall

member of the Commission 

Data Processing ADP C

oversight

A significant achievem

1995 was the coordinatio

program involving all operat

investigation into the activ

number of public hearings 

information gathering phas

Commission achieved a sett

agreement among other th

service contracting procedu

dealing with IA TACA als

levels which is estimated w

between 6070 million an

enter into service contracts 

year The Commission also 

investigation regarding malp

This effort will be a primary 
an extended period as many le

developed in an attempt to cur

affect US ocean commerce

The Office is currently

1 Guiding the implement

agency sATFI system under Co

the planning for future ATFI 

2 Overseeing the further 

efforts including addressin

Commission senforcement pro

of four of its seven district off

3 Directing all staff effor

practices of foreign governme

4 Managing the Commis

s

respect to the President sdire

streamlining government stra

reform

The Office skey objectiv

are the continued coordinatio

implementation and mainten

planning for future ATFI co

development of the Commisss

of the strictures imposed by t

offices organization of staff a

directives with respect to stre

management reform and cont

address restrictive practices o

1
Office of Informat

The major function o

the information resources 

Paperwork Reduction Act o

applicable laws which pres

the Commission sIRM p

management stud

telecommunicationsdataba

development records 

administration and develo

clearances for submission 

responsible for the compu

management programs T

Contracting Officer sTech

Project Senior IRM M

Computer Security Officer 

ADP Coordinator for the A

During fiscal year 19

Coordinated te

worldwide

security issues

ATF

created owned 

and completed d

Accounting Sys

Upgraded the 

LAN to a 

System and imp

desktop publish

Coordinated th

testing for the 

coordinated tes
PCs throughout 

return of equip

cancellation of a

FMC district o

downsized

Established Inter

users and coordi

develop Governm

GILS entries

Assisted the FMC s

industry accou

compliance with P

technical analysis 

In addition to implemen

providing extensive technica

mentioned above major init

1997 include 1 submissi

management schedule to the 

Administration 2 developin

to reflect changes occasioned 

of 1995 and 3 maintainin

Printing Office to ensure th

current

G BUREAU O

AND AGREEM

1 General

In fiscal year 1995 the 

Analysis changed its name to 

Agreement Analysis to better 

its activities Also last yea

responsibility for analyzing fi

carriers in the USdomestic 

resided in the Bureau of Tar

The primary function o

and administer programs rela

activity of common carriers by 

1984 Act and 1916 Act The B

include

Administering co

programs to identi

commercial and e

US trade and to 

staff on current tra

and regulatory ne

transportation

Conducting syste

activity

administration

in areas

of 

Developing econo

support of th

responsibilities

1
Providing expert 

formal proceedi

foreign shipping 

rateofreturn ca

Analyzing annu

and GRIs filed 

domestic offshor

Processing and 

marine terminal 

2 Surveillance

An integral part of the 

1916 Act and the 1984 Ac

carrier activity and comm

trades The goal of the Bs

ensure that carriers operati

the statutory standards o

Commission regulations T

a variety of monitoring pro

designed to apprise the Com

emerging commercial tren

activities

For a description of th

fiscal year 1995 see Section 

3 General Economic 

In addition to researc

to its monitoring program

expertise for a variety of 

economists prepare testimo

fact finding investigations 


reciprocal trading partners und

quotas or other restrictions

There were 21 pooling 

effect at the end of the fiscal 

c Space Charter and 

Space charter agreeme

vessel space or container slots 

vessel operators Sailing 

rationalization of the partie

effective management of thei

vessels participants in these a

high level of service at red

agreements also generally 

equipment A number o

agreements have also inclu

authority within the scope of 

During fiscal year 199

agreements and modifications 

and 158 were in effect at the 

d Joint Service Agree

Parties to joint service 

consortia agreements operate 

name in a specified trading a

own bills of lading and sets its 

One joint service agreem

1995 and 41 joint service ag

conclusion of the fiscal year

1
e Cooperative Wo

Cooperative working 

from discussion agreemen

discuss competitively sens

inter carrier operational un

arrangements that do n

agreement categories Th

rate discussion agreements 

amendments in fiscal yea

effect at the end of the fisc

f Marine Termin

Marine terminals op

entities provide facilitie

interchange of cargo and p

carriers and for the receipt 

and consignees The Bure

processing of agreements 

industry

During fiscal year 199

125 agreements and agree

and marine terminal serv

agreements become effect

rules that exempt certain cl

from the waiting period re

approval requirements of t

not entitled to an exempt

statutory requirements A

terminal agreements were 
5 Domestic Commerce

In accordance with Commis

common carriers in the domest

file annual financial and operati

The Bureau reviews these report

to ensure that rates for transpor

provided by domestic common 

During fiscal year 1995 the Bu

and analyzed and found reasona

A significant development in the 

sale of the only governmentowne

to private interests

6 Future Plans and Pro

The Bureau soverall mon

focus on systematic oversight o

an emphasis on developing ne

methods to enhance the C

administering the various shipp

key issues facing the industry to 

trades and to analyze agreeme

the standards of the 1984 Act 

major conference trades to tra

and anticipate areas ripe for 

section 6g monitoring metho

of anticompetitiveness genera

context of their commercial en

The Bureau also will co

prepare economic testimony in 

arising in the areas of its e

recommendations on petitions 

Commission initiated rulemak

analyses of newly filed agreem

1
are likely to raise issues a

5 6g and 10 of the 1984 

prepare recommendations 

complex agreements and 

issues and process other 

authority delegated by the 

The Bureau will co

agreement filings under 

1916 Act and make ap

Commission for approval 

Further the Bureau will re

reports filed by domes

reasonableness of GRIs fi
H BUREAU 

CERTIFICATION 

1 General

The Bureau of Tariffs 

responsible for all tariffs filed 

of such carriers and MTO

NVOCCs service contracts 

forwarders and the certificat

passenger vessels for financial 

responsibilities the Bureau

Reviews and mainta

filings rejecting th

Commission sregu

Approves or dis

applications involv

filing rules

Administers the N

program by settin

reviewing financi

financial responsi

Processes service 

publications filed 

conferences of su

intent to reject 

provisions which 

regulations

1
Prepares recom

clerical or adm

terms of service 

Licenses ocean 

Certifies owners 

in US trade

responsibility o

satisfy any liabi

voyages or deat

persons and

Assists in the 

Commission s

responsibility fo

tariffs and serv

the ATFI system

As part of its prog

develops longrange plan

standards and rules and reg

activities initiates recomm

offices of the Commission 

proceedings by the Comm

Commission components w

Commission sregulatory re

2 Foreign Commerce

a Foreign Tariffs

Section 8 of the 1984 

the filing of tariffs by all 

foreign waterborne comme
to controlled carriers section 8 

the authority to regulate rate l

During fiscal year 1995 

new complete tariffs from car

in the USforeign commerce 

filings into ATFI can be foun

The Bureau also received and 

permission applications inclu

permission applications to dev

of the 1984 Act andor t

regulations

b Service Contracts

Section 8c of the 198

provides that ocean common c

carriers operating in the fore

enter into confidential service 

shippers associations A con

terms of the service contract 

tariff format and must be o

shippers for a period of at leas

Confidential service co

transportation under tariff te

contract parties to tailor 

accommodate specific comm

During fiscal year 1995 the B

terms publications 8099 new 

amendments involving an 

conferences and 117 individu

these contracts 145 contract

shippers associations a subs

1994 when only 13 contract

shippers associations

1
To fulfill its respo

contracts the Commission 

fiscal year 1995 For exa

In November 

Circular Letter 

under the C

contract comm

tariffs should 

analogous artic

A Notice of 

May 17 1995 

Contract Filin

Revisions to re

and carrier co

the Commisss

proposed rule 

service contrac

parties addre

analyzed comm

completion of 

1996

In fiscal year 1

the Commisss

various classes 

consistently in 

ocean commo

investigated re

practices Du

analyzed the 

conference rep

Service Contr

Finding Inves

Negotiations w
Vessel Operating C

prepared a fina

concluded that ther

of the service contr

or carriers The 

and analytical sup

No 21 Activities 

and its Members a

as providing servi

USAgricultural E

c Controlled Carrier

A controlled carrier is a

operating assets are directly o

by the government under w

common carrier are operated 

USC app 1708 provides 

maintain rates or charges in its 

that are below a level that is j

such carrier establish or m

classifications rules or regulat

such rates charges classifica

controlled carrier may not w

Commission become effective 

the date of filing with the C

proscriptions include rates o

whose vessels are entitled by 

most favorednation treatmen

The Bureau monitors 

carriers to assure that the requ

decreases is given The Burea

permission from controlled ca

1
d Common Carrie

Every common carrie

of the USand licensed oc

section 15b of the 1984 

46 CFR Part 582 to file 

Policies andEfforts to Comb

of the United States This 

Secretary of the Commissio

even numbered calendar y

Executive Officer of the 

forwarder Section 15bo

provide that failure to file 

in a civil penalty of5000 

In

regulations

addition

provide

to the civil

upon

p

4

the tariffs of those carriers 

of those ocean freight forwa

Furthermore any initial ta

freight forwarder license t

certification in accordance 

Aprogram supported 

is in place to ensure th

forwarders file their certif

rebate certificate reminde

carriers and freight fo

Subsequently the tariffs 

failure to file 19956 a

e NVOCC Financ

Section 23 of the 1984 

an NVOCC operating in th

file a bond insurance or 

responsibility The Comms
financial responsibility in the a

financial responsibility obtaine

used to satisfy claims arisi

activities or penalties assessed 

section 13 of the 1984 Act Un

2150 bonds and 1 insurance p

During fiscal year 1995 t

No P295 Household Good

Petition forExemption Comm

exclude from the financial resp

of used household goods and p

federal civilian executive 

International Household Goo

GSA

3 Domestic Commerce

a Domestic Tariffs

Common carriers operat

commerce are required pursu

Act 46 USC app 817 a

46 USCapp 844 to file t

with the Commission The 

tariffs comply with applicable 

fiscal year 1995 carriers opera

trades filed 50 new tariffs in A

and processed four special pe

from the domestic tariff filing 

b Marine Terminal Ac

The Commission is res

related to the marine termina

the facilities services and lab
private entities in connect

cargo from shippers and 

cargo between land and oc

33 new marine termin

amendments that were file

fiscal year

4 Passenger Vessel 

The Commission adm

No 89777 46 USC817d 

by the Commission sregul

the Protection of the Pub

evidence of financial respo

other persons for deat

transportation for vessels 

accommodations for 50 

passengers at USports

Upon the submission 

responsibility in accordance 

Commission issues a Certif

Indemnification of Pass

Transportation Upon the 

accordance with Subpart B 

issues a Certificate of Finan

Incurred for Death or Injur

Voyages The program now 

42 operators which have 

coverage in excess of 330 m

1 billion for casualty The 

program are necessary for 

of passenger vessel sailings 

During fiscal year 1

applications for passenger v
year 37 casualty certificates 

were approved and issued to p

The Bureau prepared a 

9421 Inquiry into Alternative 

for Nonperformance of Tra

instituted to determine wheth

be fashioned that will address 

rule proposed in Docket No 

Requirements for Nonperforma

that cruise passengers are ade

nonperformance of transporta

5 Freight Forwarders

The Commission sreg

forwarding industry are found 

Ocean freight forwarders ar

themselves out to shippers 

Ocean freight forwarders ope

the USby arranging for the 

common carriers and by 

requirements safety requirem

to the shipment of cargo Oc

fee from the exporter for han

as compensation from the oce

to carry the cargo

During fiscal year 1995 

applications were received fo

approved 249 applications 10

returned 17 applications were 

denied One hundred and t

while 69 licenses were revok

1848 licensed forwarders 

Commission sjurisdiction
Onsite compliance in

the Commission seffort to 

forwarders comply with the 

and the Commission sre

investigative reports were 

these reports resulted in 

licensees or referral to the 

assessment of appropriate 

The Commission in a

freight forwarder indus

Application for License as 

the fiscal year Revision o

burden associated with app

2 hours To this end the re

has been eliminated and th

6 Automated Databa

a ATFI

ATFI a computerba

efficiency reduce process

provides for electronic filing 

and domestic carrier tarif

contract essential terms an

system provides carriers and 

in establishing price and s

containing those offering

Commission launched the A

and through the use of t

achieved a paperless tariff 

year 1995 there were 455

increase of 789 tariffs or 

Appendix D shows the nu

ATFI system in fiscal year 
A number of carriers f

tariff sin electronic format 

year 1993 the Commission i

which ordered these carriers to 

should not cancel their paper t

to ATFI format Prior to fis

canceled in these proceedings 

order in Docket No 9420 Ca

Comply with Automated Tarif

ATFI Filing Requirements 

carriers or terminal operators 

terms publications on file 

publications of 191 of these ca

final order on February 13 19

b Other Databases

The Bureau maintains sev

other than its ATFI system 

Contract System 2 Regulate

System and 4 Ocean Freight 

Contract System contains certa

as shipper names which are ke

Persons Index assigns a discre

Commission regulates and c

number and trade name of the 

provides a means of locating c

microfiched The Ocean Fre

certain information concerning 

information These datab

electronically transferred to ot

support for many of the Cos

information contained in the d

public

1
During fiscal year 1

imaging system to optically 

filed with the Commission 

system is expected to be o

7 Rulemaking and D

The Bureau initiates 

Commission docketed proc

Bureau participated in de

matters

Service Contract Negoti

The Commission is

implement certain o

recommendations in Fact 

Contract Negotiations with S

Operating Common Car

additional information 

negotiating process The 

second and third series of s

proceeding

Fact Finding Investig

TransAtlantic Agreem

SharingAgreements O

9428 Practices ofthe 

Members with Respect 

No 9429 and Conta

AtlanticAgreement and 

The Bureau provided 

the staff working group 
investigating whether a confere

andor individual ocean comm

trade were engaging in activitie

Inquiry intoAlternative Form

For Nonperformance of T

94 21 and Financial Res

Nonperfonnance of Transpo

The Bureau prepared a 

9421 to determine whether a

fashioned that will address in

proposed in Docket No 9406 

are adequately protected in th

transportation

Cancellation of Tariffs fo

Automated Tan j Filing 

ATFI Filing Requiremen

The Commission issued a

carriers with active paper tariff

or tariffs of MTOs on file 

tariffs andor essential term

canceled for failure to file such 

The Commission canceled the 

terms publications of carriers o

respond to the show cause ord

1
Filing of Tariffs by 

Publishing Filing and 

Offshore Commerce P

Common Carriers in 

United States Service C

The Bureau initiated 

550 580 and 581 which 

filing tariffs in paper forma

these rules were no lon

implementation of ATFI

Service Contract Filing 

Revisions Docket No 

The Commission pro

permit an optional abbrev

is intended to reduce dup

costs Comments were rec

is anticipated in fiscal yea
I BUR

HEARING 

The Bureau of Hearin

counsel in formal adjudic

non adjudicatory investigation

designated by Commission 

initiated by the Commission 

attorneys where intervention 

formal complaint proceedings 

1916 Act 46 USC app 8

46 USCapp 1710 and in i

FSPA 46 USC app 1701 

designated Investigative Offic

proceedings The Bureau mon

in order to identify major reg

Managing Director and the o

Bureau also participates in t

rules and regulations On o

may participate in court litigat

The Bureau also furnish

Director and other bureaus B

field investigators and review 

prepares and serves notices of 

and Commission regulations 

civil penalty allegations aris

settlement is not reached th

formal Commission proceedin

or in the assessment of c

participates in conjunction 

enforcement initiatives

In fiscal year 1995 the 

deter malpractices in US oc
1994 the Commission laun

the competitive power of t

the impact of that power u

included possible restrictio

members to take IA on ra

carrier agreements operat

have been filed or in a m

agreements alleged unjus

possible use of untariffed a

pools and allegedly unre

reductions in service A

designated as investigative 

launched in response to rep

TAA from several sources 

monitoring initiatives and 

National Industrial Transp

Freight International and D

investigative officers were d

within 180 days and to adv

that more immediate act

would be necessary

Hearings in Fact Fi

conducted in Boston Chic

DC during the period A

November 1994 an interim 

in the commencement o

directed at certain issues 

investigation viz Docket N

Order to Show Cause Dock

Atlantic Agreement and its M

Action and Docket No 94

Trans Atlntic Agreement an

In December 1994 s

resulting in a proposed s
published for comment and aft

approved by the Commission 

Commission conditioned its ap

conference agreement to perm

individual service contracts in 

of the settlement include

A rollback of 1995 

rate increases to 19

Cancellation of seve

which TACA memb

could discuss and a

Substantive and p

make TACA serv

friendly

Improvements to 

protect members ri

This settlement is estima

public between 6070 million 

of further litigation of these c

settlement enhanced the futur

reasonable rates and service in 

In addition to this ma

Bureau continued its efforts t

trades with South and Centra

multi disciplinary team focusin

capacity as prosecutors attorn

alleged tariff violations by ca

which resulted in one settlemen

in March 1995 and other cases 

action

1
Other enforcement 

on NVOCCs with tariffs co

rates and their practice of 

in those tariffs These so

this segment of the ind

requirements and have re

tariffs and rating practices

At the beginning of f

were pending final resolut

year 55 new enforcement 

cases were compromised a

referred for formal procee

were pending resolution o

At the start of fiscal y

formal proceedings Du

participated in 8 new form

which the Bureau participa

formal proceedings were p

At the beginning of fiscal 

legal advice pending in t

legal advice were received 

advice projects were com

matters were pending in t

As a result of enf

collected 381 912 63 in 

Settlements were reached 

industry eg carriers sh

USforeign trades

In fiscal year 1996 

Bureau of Investigations in

Enforcement to enhance 

and prosecutions of malpr
and administration The new 

enforcement programs with oth

the 1984 Act are developed th

negotiate settlements of these 

provide legal advice to the 

bureaus The Bureau will con

policy decisions through forma

regulatory and enforcement 

formal complaint cases wit

jurisdictional issues

1

J BUREAU OF 

The Bureau of Investiga

and conducts investigations 

common carriers NVOCCs fr

and terminals and other perso

statutes and regulations admin

During fiscal year 1995 t

personnel located in the hea

DCand district offices in the 

Miami Hato Rey Puerto Ri

Angeles and San Francisco 

functions each district office r

its jurisdiction provides liaiso

the maritime industry and th

analyzes intelligence of regu

industry wideconditions for th

The Bureau investigates 

pursuant to major Commissio

In addition the Bureau investi

a local level These activiti

conjunction with fact finding 

The following practic

investigations conducted by th

Illegal rebating by 

rebates by shipp

associations

Misdescriptions a

other malpractices 

and other persons

1
Activities of oce

to agreements 

agreements a

implemented p

are being carrie

acts

Failure by com

tariffs covering 

rates that are 

Commission

Operating as a

license issued 

statute or regu

The Bureau saudit a

Audits of service 

with statute and 

Audits of NVOC

Post licensing a

licensed freight 

their operatio

requirements

Audits of passe

financial protec

Bureau liaison act

coordination with other 

regulatory information and 

shipping industry and th

complaints within a distric
The Bureau assists the 

formal proceedings before th

and surveys for use in prog

revision reports trade inform

action

During fiscal year 19

investigate malpractices in th

initiative involved all seven d

review of shipments in both 

trades to and from all majo

Bureau also continued to inve

key trade routes including 

Mediterranean Central Ame

Bureau continued to conduc

investigations in the transpa

efforts of the major carriers 

mechanism In addition the 

investigate conditions in the N

Transatlantic Enforcement In

The Bureau conducted 

inquiries and 144 compliance 

service contract audits and a

summarizes the Bureau of In

37 investigations were referr

Part III Surveillance and Enf

During fiscal year 1

investigative program designe

filing requirements under t

Many common carriers par

were believed to be filing S

Cargo NOSrates and not 

were actually being assesse
Shell Tariff operators re

enforcement cases that wer

During fiscal year 1

other bureaus in an agency 

assigned to investigate the 

activities of the TAATAC

investigation The Bureau w

following specific areas of 

connecting carrier agreeme

NVOCCs covering the N

container pools operated by 

and TAA service contracts w

Coordination between 

and Customs regional office

as a part of the amended 

between the agencies to 

investigative information D

significant increase in the lev

from Customs Automated 

Database This activity was 

ACE software in headquarte

personnel received refreshe

of the ACE to obtain on

These tools permit Bureau 

analyze large numbers of 

violations of statute or ag

trends and significant shifts 

cargo carriage in the inboun

The Bureau of Investi

with the Customs Service 

Automated Broker Interfac

Access to the ABI will p

information not currently 
This information will fill in a 

move quickly and accurate

shipping transactions Whe

transactions are uncovered 

either agency this informatio

other agency when there is a 

The volume and speed in 

information should continue 

1997

The Houston New Or

Rico district offices were clos

personnel assigned to those o

in force RIF procedure

Miami and Los Angeles dis

procedures

Investigative resources 

be directed toward malpract

the development of new e

practices In fiscal year 199

the Bureau of Hearing Co

Enforcement

K BUREAU OF 

Office of 

The Bureau of Ad

administrative support to 

Commission The Bureau int

programs and administers th

Federal guidelines includ

management procuremen

personnel The Burea

collaborating with other e

warranted for longrange p

standards and rules and regu

activities The Director B

administration and coordina

Office of Adminis

Office of Budget 

Office of Personn

Many of the functions 

reflected in the narratives fo

The Director is the Cos

as well as the Commission s

Council SAC The FMC 

is also administered within 

provides employee devel

counseling throughout the ag

to the Executive Resources B

activities of the Senior Exe

Development Program The 

member of the SAC Training 

the agency utilized a numbe

available through the SAC a
agency also planned and c

program for district office a

Office of the Director also 

administering the Commisss

which includes an active 

program to ensure effective i

12958

1 Office of Administr

a General Office R

The Office of Adm

administers a variety of ma

principally provide adminis

program operations of the C

Office is the Commission sC

The Office ssupport p

telecommunications procure

services property manageme

copying management mail 

graphic designs facilities a

transportation The Office s

furnish all necessary supplie

in support of the Commiss

regulations policies procedu

and provision of these suppo

applicable Federal guideline

b Achievements

During fiscal year 1995 

Coordinated the 

Angeles and San 
Continued to pro

assistance in sup

program

Arranged the Mem

the Office of Pers

background inves

employees

Conducted an a

headquarters co

productivity and c

Implemented a 

Support Program 

Agriculture

surplus or excess

for d

Acquired and inst

system software

Expanded the S

System to include 

and new electron

Coordinated and 

the San Francis

Puerto Rico distr

Conducted a cos

through GSA for 

headquarters and 

Miami district of
c Future Plans

In fiscal year 1996 t

following 1 complete the 

the automated property a

throughout the Conunission 

and expansion of the automa

in accordance with the Gov

program initiatives and 3 

assistance to Commission 

administrative support initia

2 Office of Budget an

a General Office R

The Office of Bud

administers the Commissios

including fiscal accountin

collections and payments e

and expenditures of approp

annual budget justifications 

OMB develops and adminis

provide accountability for 

Commission stravel and cas

the Commission sImprest 

official passports and assis

levels of user fees The 

Commission sChief Financi

b Achievements

During fiscal year 199

Collected and de

and fine and pe
117 68 is related 

to Pub L No 1025

Prepared fiscal ye

estimates coordin

justifications and e

Congressional bud

budget to OMB 

Congressional budg

Worked with the 

Credit Card Progr

Travel Credit Card 

Prepared a variety 

Civil Monetary Pe

Asset Management 

Cash Flow Trea

Management Impro

in the Federal Fin

Clearing House 

Management Impr

Leave Year Repor

and Personnel Cos

Occupational Sa

Department of L

Payment Report O

Provided managem

on workyears fund

Assisted with the 

Commission

Developed Volunta

and Voluntary Ea

1
Prepared a dra

year obligation

c Future Plans

During fiscal years 

1 continue testing off th

2 implement electronic co

of purchase orders obligati

and Congressional budget 

and controls for cash man

leading to economy and 

operations

4 Office of Personne

a General Office 

The Office of Personn

personnel management pr

placement position class

occupational safety and he

relations workforce discipl

awards employee benefits 

b Achievements

During fiscal year 199

Prepared mana

variety of perso

Implemented

personnel and

im

including prep

forms for every 
Prepared mass ch

concerning agency 

changes

Worked with the 

recertification pro

plans including gu

ability of SES to ac

Completed a pro

HIVAIDS educatio

Made significant p

and reducing the 

regulations

Issued Certificates 

employees in distr

certain

district offices

employees

se

outplacement effort

RIF and assisted in 

Rico New Orleans 

Established a C

headquarters empl

Submitted a reques

Authority to OP

approved and c

Retirement Open S

Prepared a Re

Commission emplo

1
Monitored and 

program contrac

Miami New Or

Los Angeles 

programs

Sponsored an 

conducted the H

Plan Open Seas

Shield Service D

meets with emp

Advised supervis

in areas of em

including gran

awards and 

performance pro

Resolved a num

Managed a very 

Program

Maintained the 

agencies in perc

disabilities and 

new Federal 

communication 

impaired

Coordinated th

Campaign effo

Worked with th

the Summer Yo
c Future Plans

During fiscal years 1996 

to advise the Commission on a

maintenance of a sound and pr

Office will continue its re

recommended with the goal o

accordance with streamlining g

APPE

O

Hw

ORGANIZA

04U

UHW HtO

O H

0

4

W w

WWOF W4

La W

wF hW

o H

0

L0

U 5 0 U HF4W

W W

W 0

O

0

0

w N

Oco W W4F

HWE4

O W

APPE

1
Formal Proceedings

APP

COMMISSIO

Fisca

Decisions 

Discontinuances Dism

Initial Decisions Not Re

Rulemakings Final Rul

Withdraw

Total 

Special Dockets 

Informal Dockets 
APPE

AGREEMENT FIL

Fiscal Y

Agreements Filed in FY 1995

including modifications

Carrier 

Terminal 

Total 

Agreements Processing Categories in 

Fortyive Day Review 

Shortened Review 

ExemptEffective Upon Filing 

Rejection of Filing 

Formal Extension of Review Period 

Approved Under Shipping Act 1916 

Total 

Carrier Reports Submitted for Com

Minutes of Meetings 

Operating and Ad Hoc Reports 

Total 

Agreements on File as of Septembe

Conference 

Interconference 

Pooling Equal Access

Joint Service

Sailing Charter 

Cooperative Working Agency Eq

Terminal 

Total 

Domestic Offshore Trade Activities

Annual Reports Filed 

GRI Reviews

1
APP

TARIFF AND SERV

AND SPECIAL PER

Fisc

Electronic Tariffs in Effect 

Electronic TariffFilings

Tariffs new 

Rules 

Commodity Descriptions 

Tariffs Line Items 

Inland Tables 

Tariff Records 

Organization Records 

Essential Term Documents

New Service Contra

Service ContractAm

Special Permission Applications

Total Received Foreign 

Granted 

Denied 

Withdrawn 

Pending 

Total Received Domestic 

Granted 

Denied 

Withdrawn 

Includes foreign domes

essential terms publicatio
APPEN

CIVIL PENALTIE

Fiscal Y

AA Forwarding Inc 

Airway Express Co Ltd 

All Freight International 

Allegro International 

Ariel Maritime Group Inc 

General Forwarding 

Hanstai International Inc 

Kin Bridge Express 

Kirk Line 

Poundex Assoc Corp 

Samjin America Inc 

Shoe City Inc 

Transtar Express Company 

Transworld Shipping USA 

Total Civil Penalties Col

17
AP

INVE

Fisc

InvestigationsSpecial I

AuditsCompliance Ch

Compliance Chec

Service Contract A

NVOCC Audits 

InvestigationsSpecial I

AuditsCompliance Ch

Compliance Chec

Service Contract A

NVOCC Audits

Reports Referred for En
APPEN

STATEMENT OF A

OBLIGATIONS AN

THE FISCAL 

SEPTEMB

APPROPRIATIONS

Public Law 103317 approved Sept

of the Federal Maritime Commissio

Merchant Marine Act of 1936 as am

services as authorized by 5 USC

authorized by 31 USC1343 b a

authorized by 5 USC590102 Pro

available for official reception and 

OBLIGATIONS AND UNOBL

Net obligations for salaries and 

September 30 1995 

STATEMENT OF RECEIPTS 

the Treasury for the Fiscal Year Ende

Publications and reproductions

Fees and Vessel Certification

and Freight Forwarder Applicatio

ATFI user fees 

Davis Law fees 

Fines and penalties 

Total general fund receipts 

17

US GOVERNMEN