FEDE

ANNU

TABLE 

LEI lOF TRANSMITTAL

MEMBERS OF COMMISSION 

SENIOR COMMISSION OFFIC

I THE COMMISSION

A History 

B Functions 

C Organization 

11 THE YEAR IN REVIEW 

A Restrictive Trade P

B Enforcement 

C Surveillance 

D Regulatory Review 

E Tariff Automation 

F Section 18 Study 

III SURVEILLANCE AND EN

A Surveillance 

B Enforcement 

IV DEVELOPMENTS IN MAJ

A Transatlantic 

B Mediterranean 

C Africa 

D Transpacific 

E Latin America and 

F Middle East 

G Worldwide 

V AUTOMATED TARIFF FIL

A Introduction and B

B Early Studies on T

C First Step in Tariff 

D The Shipping Act o

E The Tariff Automat

F ATFI Feasibility S

The ATFI Adviso

G Benefit Cost Analys

Procurement Aut

H Inquiry on the Fun

Presolicitation C
I Remote Retrieval 

J Contract Award and 

K Docket No 9023 

L Batch Filing Guide 

M Miscellaneous Miles

N Update on Remote 

VI SECTION 18 STUDY 

VII THE FOREIGN SHIPPING 

A The Statute 

B Actions Taken 

C Top Twenty USLi

Trading Partners 

VIII 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 Trade M

H Bureau of Tariff sC

I Bureau of Hearing 

J Bureau of Investiga

K Bureau of Administ

APPENDIXES

A Organization Chart 

B Commission Procee

C Carrier Agreement 

D Tariff and Termina

E Civil Penalties Colle

F Investigations 

G Statennnt of Appro

and Receipts 


FEDERAL M

WASH

To the United Stat

Representatives

Pursuant to sect

Plan No 7 of 1961 an

Marine Act 1936 as am

the thirty first annual 

Federal Maritime Com

Additionally sect

an Update on Remote 

comply with the requ

informed on developme

on remote access to 

Tariff Filing and Informa

MEMBERS 

Rob Quartel

Commissioner

Appointed 1990

Resigned April 6 1992

Francis J lvancie

Commissioner

Appointed 1985

Term Expired 1992

Chr

A

Te

SENIOR COMM

Secretary 

Chief Administrative Law 

General Counsel 

Director Office of

Equal Employment Opp

Inspector General 

Managing Director 

Deputy Managing Director 

Deputy Managing Director 

Director Bureau of

Trade Monitoring

and Analysis 

Director Bureau of

Tariffs Certification

and Licensing 

Director Bureau of

Hearing Counsel 

Director Bureau of

Investigations 

Director Bureau of

Administration 

THE CO

A 

The Federal Maritim

FMC was established as a

Reorganization Plan No 7 

that time the Federal Mariti

the regulation of ocean com

United States US M

reorganization plan the s

separated into two categor

The responsibilities associat

and efficient US Mercha

Maritime Administration no

of Transportation DOT 

charged with the administrat

the shipping laws

The Commission is now 

oceanhorne transportation in 

domestic offshore trade of 

Shipping Act of 1984 broug

regulatory regime facing shi

foreign commerce of the US

B FU

The principal statutes 

statutes administered by the 

of 1984 1984 Act the Shi

Intercoastal Shipping Act 

Shipping Practices Act of 198

Merchant Marine Act 1920 
During 1990 the 19

the bonding of non vesselo

VesselOperating Commo

1990 Amendments and 

amended to provide for 

authorities

The Commission sre

Protecting ship

foreign comme

non market ori

governments a

carriers that 

commerce of th

Protecting th

companies to t

oceanborne and 

Reviewing and 

carriers and o

foreign comm

conference po

agreements

Receipt and r

regulation of 

engaged in the 

Regulating ra

regulations an

ensure that su
Regulating rate

and tariffs of 

domestic offsho

Licensing intern

Bonding of non 

NVOCCs

Issuing passen

financial resp

charterers to pa

death or to repa

voyage or cruise

Investigating 

classifications 

carriers termina

operating in the 

commerce of the 

The Commission is au

the 1920 Act and section 

action to ensure that the fo

burdened by nonmarket 

Commission may take c

unfavorable shipping conditi

may impose penalties to add

governments that adversely a

in the USforeign oceanbor

USflag vessels to ocean tra

The 1984 Act is applic

carriers and other persons e

It exempts agreements that 

Act from the US antitrust l
and Clayton Acts The 

agreements to ensure tha

antitrust immunity and t

otherwise violate the 1984 

increase in transportation 

service

In addition to monitor

Commission is also respo

carriers as well as those 

concert fairly treat shipper

public The 1984 Act 

discriminating among shi

shipping public The 1984 

their rates charges and p

that must be on file with t

assess the rates and charg

Commission The Comm

authority to approve or d

individual commodity rate 

except with regard to 

carriers

The 1916 and 1933 A

carriers and other person

trades of the US In gene

protect against unduly di

similar to the 1984 Act In 

a more comprehensive sch

minimum and maximum ra

in the domestic offshore t

The Commission car

by conducting informal an

hearings considers eviden

appropriate orders and 
Commission also adjudicate

community the general s

individuals or interest grou

C OR

The Commission is 

appointed for fiveyear term

and consent of the Senate 

the Commission may belon

President designates one o

Chairman The Chairm

administrative officer of the 

The Commission sorg

of the Managing Director O

General Counsel Office of 

of Equal Employment Op

General Bureau of Trade M

Tariffs Certification and Lic

Bureau of Administration 

Managing Director assists th

and administrative direction 

Bureaus These Offices an

Commission sregulatory pr

support

In fiscal year 1992 the 

of 231 fulltime equivale

personnel

appropriation

are

of

located

17600 0

in Wa

New York San Francisco L

Houston and Hato Rey Pu

THE YEA

The Commission was 

statutory responsibilities in 

section 19 continuously w

practices by foreign governm

effect on UScommerce an

enforcement efforts regard

successful in both deterring 

competition in our oceanbo

The Commission als

President srequest to redu

promote economic growth 

reviewed and numerous cha

to produce a more efficien

shipping industry

Additionally the Coms

system moved closer to imple

1993 and we continued to p

assistance in support of th

conducted by the Advisory 

Ocean Shipping Advisory 

This Annual Report is 

byoffice basis and contains 

and accomplishments Spec

particular concern This s

summary of the Commissios

the year
A RESTRICTIV

The Commission con

addresses restrictive trade p

other actions resulting i

shipping

The Commission pro

pervoyage fee upon ce

response to Venezuela se

access to a substantial 

Venezuela subsequently re

need to finalize the propos

After having been a

a result of Ecuador cargo re

SA Transligra advised 

operated an Ecuadorianfla

trade Accordingly collec

petition for enforcement 

Transligra was operating i

The Commission therefo

examine the continued ope

the conclusion of fiscal yea

of this formal proceeding w

conclusion

In the Republic of K

issued a final rule imposi

ROKflag vessels calling 

response to ROK restrictio

trucking operations and d

sanction was suspended 

commitments to eliminate 

also issued a final rule b

UScompanies from own
in the ROK This rule susp

tariffs of Korean entities 

freight forwarder compe

shipments to the US The 

delayed until September 1

remove the nationalitybas

A formal proceedin

regarding the Japan Harbo

was discontinued upon adv

and the Japan Governme

would cease Collections 

continues to monitor this 

from USand Japanese ca

assurances provided as the 

proceeding

The Commission 

Republic

investigation

of

into

China

alleged

PR

governmental consultations 

proceeding was discontinue

made substantial concession

adverse effects of the restric

require periodic reports from 

the status of each issue add

The Commission initi

involving Taiwan trade re

restrictive conditions sub

satisfaction of the UScarr

in Taiwan The Commissi

allow UScarriers to operat

be forthcoming According

in May 1992 The Commissi

submitted by the US and 
monitor the status of le

trucking in Taiwan

B EN

The Commission s

operate as a collaborativ

economists investigators 

work together to develop 

management Relevant da

the necessary investigatio

the appropriate enforceme

are focused on carriers co

the greatest impact on US 

the completion of any enfo

of followup monitoring is 

do not recur or shift to so

The Commission c

during fiscal year 1992 S

from all segments of the i

US foreign trades Th

22000 and 2500

foundation We were abl

assist carriers in various tr

the commercial approach 

example of such a progra

Agreement where a neut

Commission meets period

involved carriers to asse

carrier malpractices Ge

by the Commission als

Additionally pursuant to 

US Customs Service 

provided access to Custo

ACS which should e
uncover and deter malpract

a program to address mi

misuse of service contracts 

false billoflading informat

From an overall 

Commission sefforts rema

of obtaining statutory co

trading conditions in our o

C SU

The Commission cont

and effectiveness of its m

Systematic surveillance of c

helps to ensure continuin

regulatory requirements It 

Commission enforcement 

identification of potentiall

foreign governments

Our surveillance effo

such as operator market sha

rate levels and histories rev

periodic reports of agreeme

malpractices or restrictions 

Among the major proj

audits of selected major con

6g of the 1984 Act an ana

of a major capacity reductio

controlled carrier activities 

carriers resulting from action

the FSPA during the year 

terminal handling charges 

development of informatio
practices a report on coff

trades a report on vesse

transatlantic trades and 

various investigative initiat

D REGU

The Commission con

regulations

request that

during

all

fiscal

federa

ye

regulations

efforts actually

and promote

had begu

e

initiation of several rulema

clarify or update existing 

woven into the fullscale r

resulted in numerous chan

the ocean shipping indust

A special working gr

to plan direct and monit

members were involved in 

preparation phase and all 

the full Commission und

approach ensured a co

appropriate presentations 

implementation of all act

In all over twenty ru

by the Commission cove

regulations Some of th

finalized included per

contracts substantially de

agreement filing requirem

and passenger vessel regu

for tariff increases in the 

to seven days clarifyi
regulations permitting an

two years as opposed t

reducing the recordkeepin

eliminating certain regula

Several rulemaking p

did not result in the effect

filing global service contra

basis tariffs on excepte

Commission consideration 

the industry to air its view

current information that 

efforts

The Commission sr

certain costly burdens on 

regulatory improvements 

shipping We will contin

ongoing basis to identify n

E TARIF

The Commission m

implementation of its syste

The Automated Tariff Filin

should expedite the filing pr

review of tariff informat

industry

In late fiscal year 19

to its regulations which 

covering tariffs and service 

580 and 581 will be remov

rephrased traditional regu

adapted to the new electro

had contained the follow
Harmonized System of C

commodities filing and ma

contracts in database forma

expressing assessorial charg

After review of comm

in May 1992 the Commiss

rule issued in August 1992 

Harmonized Code from 

essential terms of service 

opposed to database 

standardization and stat

developed for assessorial ch

The Commission invited fu

At the close of fiscal year 

these comments so that As 

finalized in fiscal year 199

Also in fiscal year 

modified to reflect system 

form and user charge portio

Part 514 Docket No 902

firms for batch filing capab

In February 1992 th

implementation of ATFI 

would have to be postpon

relocation of FMC head

schedule continuing the tr

filing to begin under ATFI 

ended the Commission sto

move successfully to the im
F SEC

In September 1989 

18 Report on the Shipping 

and the Advisory Commi

years of study by the F

presented data and inform

carriers and the lengt

proceedings The Repo

specified by Congress 1 

of tariffs based on volume 

immunity for ports and ma

need for the statutory requ

enforced by the Commiss

During fiscal year 

additional data and inform

information was provided 

in its study Additionally 

detailed to the Advisor

compilation and analysis 

trends and activities in var

The Advisory Comms

President and Congress on 

include conclusions or reco

a comprehensive review 

Advisory Commission ba

representatives of the in

Commission Also indiv

Commission submitted sep

they deemed to be signifi

believe necessary to the cu

SURVEILLANCE 

A SU

An integral part of th

1916 Act and the 1984 A

carrier activity and trade 

compliance with statutory s

Commission srules The C

surveillance programs desi

of oversight in these areas

The 1984 Act provide

agreements following a b

agreement is rejected for 

conform with the mandato

in sections 5b and 5c o

contained in section 6g of 

section 10 of the 1984 A

additional information Th

agreements under these st

subject to the 1916 Act whic

trades are processed and 

Act s public interest stand

effective the Commission 

surveillance over the part

compliance with the standa

also empowers the Commis

disapproval cancellation or 

it finds to be in violation 

statutory responsibility the C

its activities toward improvin

its monitoring programs
As in previous years 

year to refine its program

agreement parties in the US

a number of surveillance 

share data cargo tonnag

shipper identification re

histories use of service con

review of minutes of meetin

other reports required 

investigation for existence 

During fiscal year 19

and Analysis BTMA 

reports and analyses Th

selected agreements in ma

on controlled carrier activ

a rate increase in the US

responses

restriction

to

of its

a section

members

15

possible violation of sectio

analysis of reports submitt

paid into the Japan Ha

development of trade data 

update of utilization and 

Transpacific Stabilization 

information regarding a 

several US Gulf ports 

potential

actions on

savings

unfair

to

shipping

USca

market share data on ma

trade 11 an analysis o

chartering agreements 1

Soviet Merchant Marine 

contracts filed by a contr

issues surrounding curren

handling charges 15 th
the transpacific and transa

use of independent actions 

17 a report on coffee mov

US 18 a report on the 

exemption for marine te

19 the retrieval of carrier 

During fiscal year 199

Advisory Commission Th

the Advisory Commission c

the impact of the 1984 Act t

are available to the Adviso

prepared reports updating c

FMC sSection 18 Report

Other projects BTMA 

1992 included 1 review o

requirements for domestic 

regulations and requiremen

determine where the Comm

burden on the industry 2 

report on the Commission s

estimates on potential cost 

that might result from propos

reports on the activities 

4 agreement reporting au

service reductions in the We

discounts in the Australian t

the New Zealand trade an

Russian carrier

During fiscal year 19

inaugurated an initiative to d

freight forwarder industry 

These areas included the ha
markups by freight forward

services and bookings with 

B EN

Under the 1984 Ac

regulatory emphasis on enf

the predecessor statute 

performed primarily by th

Counsel and Bureau of Inv

J

The Transpacific Ma

longterm program initiate

of this program is twofold 

1984 Act and 2 to estab

for carriers shippers an

transpacific trades The 

informal and formal invest

These investigations alrea

comprehensive settlement

operating common carrier

these entities provided d

violations It is anticipate

program will continue to h

next fiscal year and beyon

Another longterm 

enforcement initiative wh

fiscal year 1992 Neutralb

result of the program co

trade Members of the C

the participating neutral 

members The Commiss

having a substantial b

community
The Commission sl

involve cooperation and co

agencies A joint support 

and Customs has resulted i

on matters of mutual conc

during fiscal year 1992 to p

to Customs ACS Access t

the Commission scapabi

malpractices

During fiscal year 1

initiated a new effort intende

false bills of lading informa

order to obtain unlawful 

principal malpractices tar

misdescription of commo

measurement and count an

The Commission sen

resulted in the collection o

653 712 See Appendix E 

enforcement activity will hav

malpractices in the shipping 

DEVELOPM

USFOR

A TR

The transatlantic tra

which to operate becaus

competition and depresse

of the US economic rece

inbound leg with cargo volu

The outbound trade s ca

number of years of steady 

There was some recovery 

volumes up 3 percent inbo

for the first time in man

Atlantic came into balance 

equaled the cargo volume 

The decline in cargo 

rates as low as 60 percent 

carrier profitability also plu

losses from operations i

Generale Maritime CG

operating losses Another 

many years and which only 

Atlantic Container Lines 

parent company after a ser

With the difficulties o

the trade forged a new agre

TAA No 202 011375 

Europe Rate Agreement N
EuropeUSA Rate Agreeme

Discussion Agreement Eur

been active in the transatla

TAA was originally 

April 15 1992 However 

April 30 1992 because the 

clarity of the agreement T

May 7 1992 and became 

before the TAA parties in 

the Commission sstaff 

agreement that appeared t

1984 Act

TAA contains a num

from both the former rate 

as well as agreements in o

the inbound and outbound 

membership structure co

carriers One group is sub

while the second group 

ratemaking authority int

manner they have a com

action IA on ten day

negotiated by the confe

However agreement mem

discussions on common ra

arbitrarily change their 

members may enter into in

option of joining in the 

contains a Capacity Man

active in the inbound tra

other trade lanes that lim

agreement that contains a 

TAA Program is compris

accounting periods over a 
capacity commitments va

planning to withhold 20 pe

the market

A number of carri

conference carriers joined 

Shipping Company Cho 

Mediterranean Shipping C

Overseas Container Line 

Ocean Lines POL As a 

increased from 61 percent 

and from 54 percent to 

However all these new con

of Cho Yang and DSRSe

members of Eurocorde a 

between the former Nort

independent carriers servin

carriers all joined TAA as 

to execute their own ser

immediate notice Thus th

degree the pricing inde

conference carriers

Other than TAA 

agreements filed in the tr

most likely a result of the c

with negotiating TAA Ho

there were a number of 

considered in the transatla

removing its four vessels fro

the VSA vessels a vesselsh

Service Inc SeaLand 

Nedlloyd Lines Nedlloyd 

Hapag Lloyd entered int

No 203 011387 with Nip

Neptune Orient Lines NO
between Asia North Am

service swings back a

destinations

These changes reflec

service in the trade The 

low rate levels have bee

carriers operate Cutting c

one way carriers have lowe

reduce excess capacity by 

carriers to minimize the am

while maintaining the servi

As a result there has been 

agreements filed with the 

years One of the sectio

facilitating these types of a

As an example of 

agreements in the trade 

circumstances surrounding 

the agreement with NYK 

pull out of the trade a joi

HapagLloyd to the US 

When HapagLloyd then jo

new arrangement ACL wa

Coast trade ACL scontin

on whether it finds a su

introducing new capacity h

continue to develop ration

Another interesting 

distinctions between mark

carriers have abandoned th

the North Atlantic ie pr

in the US and Europe 

alliances that allow them 
Hapag LloydNYKNOL 

There are three carriers se

roundtheworld services Ch

operating under The Tricon

011305 and Evergreen M

conference carrier Addi

pendulum service between A

As noted the Hapag LloydN

a similar service in 1993 Sin

the majority of all liner carg

allows carriers to serve the 

vessels than would be requ

services

B MED

Most of the princi

AtlanticGulfMediterranean 

conferences which hold d

inbound trade is served by 

Conference SEUSA No 

outbound trade is served by 

Mediterranean Rate Agreeme

AGWM has a companion po

Europe Pool Agreement No 

parties to pool revenue an

inbound outbound USPac

to be served by the Med

Conference No 202 008090

Membership in the tw

during the course of the fis

carrier Jugooceanija withd

Additionally the national Fre

both SEUSA and AGWM in 

announced plans to terminat
by mid November of the 

problems resulting from 

escalating debt CGM so

the French Government s

As with the transatla

suffers from overtonnagin

trade exacerbate the o

continental European infr

result of progress towards 

response to shippers need

ports as alternatives to t

added competition Ad

collection point for feed

carriers for cargo whose u

Mediterranean ports furth

space Moreover the Me

the US and the Middle a

carriers also operate in 

additional pressure to the 

Despite its inhere

Mediterranean trade show

previous fiscal year srece

the US dollar against Eu

exports to the Mediterra

European goods weakened 

year 1992 the volume 

Mediterranean grew by a

preceding fiscal year w

Mediterranean experienc

However US liner impo

46000 20foot equivalent 

An increase in serv

operating in the US At
during the fiscal year It

Line entered into a space 

232 011358 with the thr

Container LimitedNedlloyd

011171 Italian Line s ag

charter space on each ots

schedules It also provide

tonnage from Evergreen 

space charter and sailing ag

Mediterranean trade Ita

vessels in its US Atlantic 

capacity of232 TEUs Th

Line to make additional 

frequency

Italian Line also 

Mediterranean operation 

agreement No 207 0104

dAmico Societa di Navigo

operate separate US Pa

effectively added additiona

experiencing severe declines 

existed for seven years 

partnership to pursue differ

C 

Several nations in A

discriminatory measures o

These methods consisted 

cargoes or indirect commer

including requirements that 

terms There were some 

gradually were being disca

environment for shipping in 
In West and Central A

and practices of individu

during the year with lit

government controls over 

region continued to enjo

negotiate with conferen

counterparts elsewhere 

continued to be rooted in t

for Liner Conferences C

generally interpreted the 

applicable to their entire 

traffic as stipulated by the 

right to regulate the activi

to enter into bilateral agre

equitable cargo sharing in 

shipping policies and prac

not unduly hampered in t

that the West African re

increased cargo volumes g

instituted by the Europe

countries despite ongoing 

and government authoritie

high rates in West Afric

Nigerian ports

The relaxation of tra

of South Africa South 

increase in northbound c

European imports of South 

of this trend Sustained gr

foreign trade was achieved 

neighbors were also expect

In particular conference ca

regional trades sustained 

shares
D TRA

The strong 1991 levels 

to the Far East continued 

value A fall in the Japan

during the second quarter 

total USexports to Asia by 

Imports from Asia to th

of a continuing US recessi

Even with the loss of two a

Kaisha Ltd K Line and 

Nippon Liner System NLS 

from the Pacific Rim grew 2

thirteen leading carriers eac

more than they did in the se

Conference market sh

1991 has been declining bo

trades remain highly conce

accounting for over 75 perce

1992 conference market sh

partners remains somewhat h

the export trades More th

Japan were carried by conf

than half of imports from Ta

the ROK 38 were carried 

of these trades was the mark

carriers greater than 50 perc

of exports to Japan was 49 p

ROK 34 percent and to PR

The commodity mixture 

include primary materials us

finished goods Paper and pa

chemicals and lumber acco
exports U S imports te

shoes toys electronic e

sporting goods Imported 

valued than exported goo

out a container than to 

therefore are considered 

trades are weight trade

In December 1991 t

TSA No 202 011223 

trade between Asia and N

and capacity guidelines fo

cargo setaside of 14 perc

1992 but reduced that fig

in anticipation of increa

shipping season

In December 199

Agreement TWRA No 

of freight rate increase

program for 1992 Incr

commodities were to av

indicated that it would 

response to increases in 

that it would increase its 

Asian destinations D

February to the end of A

near capacity from the P

96 to 98 but somew

86 to 90

In December 1991 

North America Eastbound 

010776 endorsed a sch

refrigerated cargoes as p

rate hike of 270 per 40
place for tariff cargo on 

contracts on May 1 1992 

part unlike in 1990 and 1

were significantly eroded t

negotiations Subsequently 

concluded a successful round 

service contract season with 

and the minimum cargo v

contracts ANERA saw a 

contract applications with 9

customers

In a trend continuing 

carriers appears to be on 

cooperating or merging wi

advantage of economies o

solicitation NLS vessels no

smokestack banner of thei

expansion NYK leaps into 

carriers in the transpacific r

APL is still number one 

with Evergreen number two 

and SeaLand carried almos

as export containers in th

military and household good

their lifts approximately fifty

In February 1992 K 

MOL signed operating ag

217011331 affecting two o

reportedly to further develo

services offered to custome

agreement MOL agreed to 

TaiwanPhilippinesSingapore 
APL has been aggres

the shippers are Early 

owned subsidiary to mana

within the PRC The new 

Lines China Co Ltd w

book cargo process and i

freight and other charges 

Mexico subsidiary to he

international cargo transp

The new company APC 

Consistent with the 

facilities closer to their sh

APL OOCL and the Ea

Co Ltd announced the 

covering ocean carrier ope

of Laem Chabang Thai

Bangkok Upon comme

APL vessels will call at 

starting in early fiscal y

Terminal Three in March 

The transpacific c

establishing intermodal n

Lines a Taiwan carrier 

Southern Pacific Lines to 

Los Angeles and other m

1992 MOL launched a n

of Seattle and Los Ange

Southern Pacific and Sa

Despite concerns r

overtonnaging carriers a

their vessels In June 19

the first of the ROK 

worldwide to launch a 40
the departure of the HJ O

is the first of six identical 

carrier spendulum service 

America and Europe

SeaLand has been 

expanding its network Se

filed an agreement No 

cooperative working agree

points in Alaska and ports 

Land and NYK filed an 

HawaiiAsia Discussion Ag

discuss consider exchange 

upon matters of mutual con

points in Hawaii and por

Subcontinent and the Pers

Smaller carriers also 

cooperative working relat

competitive Transportacio

Lines Trans Pacific Service 

011372 to permit the parti

and to rationalize their resp

US West Coast ports and 

ports and points in the Far 

ports and points via transsh

Service Agreement No 207 

feeder traffic between Papua 

and other Asian ports and 

territories and possessions 

to Asian ports will reach th

the Far East
E LATIN AMERIC

Latin America and th

growth in liner shipping du

diverted capacity to this t

faster than the Atlantic and 

was achieved because of 

many countries of the reg

economy grew at a rate of75 

rates in the world Co

improved tax collection a

two of the reforms that c

rate In Brazil reforms w

the administration of Pres

reduce impediments to tra

the reduction of import 

restrictive trade practices 

Similar policies were imp

region

Exports of hightech 

not only in Argentina and 

Net capital inflows of 36 

1991 contributed significa

The Inter American D

28 billion of this capital 

sector including 11 bill

Argentina Chile Colom

addition the bank cited re

natural resources industr

more sophisticated marke

the trade sector of the 

economies

In the first half of 19

exports from the US to 
increased by almost 20 perc

The increase in the South 

period was even more impre

from the Caribbean and Ce

1992 increased by 17 percen

of 1991 Imports from Sout

increased by 18 percent

The growth in trade w

1991 encouraged many carri

deploy additional capacity in 

Services initiated a new servi

Uruguay Paraguay and Arge

was added by NaviLine betwe

Atlantic In the Caribbean 

provide a new service from 

Caribbean

Carriers which added c

US East Coast inclu

TransrollSeaLand Joint S

Line Crowley Maritime Cor

Lykes Brothers Steamship 

capacity was added by Traile

Dole Fresh Fruit Company a

Vapores

Two carriers Nedlloyd 

services from the West Coa

West Coast Meanwhile M

East Coast to South America 

1993 However concerns o

being expressed by some car

Despite the increases 

experienced operating losses 
Brasileiro was unable to p

of the shortage of ope

company is in danger of 

failure to pay debts 

Maritimas Argentinas al

Government of Argentin

lower price and more fa

year

In 1992 the US 

American Free Trade 

implemented will lead to 

and increase trade in the 

growing countries of the 

the prices of coffee due l

countries of the region an

A new International Coffe

agreement is currently 

price and stability in the 

Along with increase

carriers serving the tr

AmericanCaribbean reg

as compared with the p

agreements were imp

conference agreement 

Credit Agreement No 

included five discussion 

Agreement No 20301

Agreement No 203011

No 203 011383 Colom

011367 and Agreement 

Amtrans and Columbus r

Pooling Agreement for P

No 203 011350
The following space c

DSRStinnes West Indies 

Space CharterSailing Agre

Network Shipping Ltd No 

Agreement between Concord

SA No 217011361 and 

Frontier Liner Services Inc 

No 217 011363 Othe

LandNavieras Space Ch

CSAVGWF Cooperative W

Transportacion Maritima M

EAC Lines Trans Pacif

CharterSailing Agreement 

Transport Joint Service Agre

F M

Ocean shipping in 199

patterns achieved in the pr

the Middle East A numb

causes of concern to ocean 

turmoil political changes e

poor economic performa

widespread recessionary 

oversupply of vessel tonna

rationalization and restruct

in all major trades includi

Economic conditions in 

to developments arising fro

in cargoes in the aftermat

While progress was appare

the continued operation 

against Iraq served to restr

Trade to the Mediterranea
effects of the Gulf War and 

and southern Mediterranea

Nonetheless after a 30 

volumes on European route

declines in cargoes in other 

in the Middle East improve

and a stabilization of wor

economic conditions in the 

movement ofUSand Euro

shipments of constructio

foodstuffs and consumer g

and the Middle East report

percent growth rate by th

reconstruction in the regio

One space charter 

agreements were implemen

year 1992 These were 

Agreement No 217 01136

Company to charter space 

the trade between USport

Red Sea ports of Saudi 

Containers Ltd Discussion A

the parties to discuss a

conditions of service in th

Gulf ports and all US inla

and ports on the ArabianP

Saudi Arabia and inland 

LinesLykes Lines Discussio

cooperative working agreem

from USAtlantic Gulf a

Saudi Arabian Persian G

excluding Aden and Kara

and The United StatesM

Discussion Agreement No 2
parties to discuss and agree 

and regulations in the trade 

and points in the Red Sea 

G W

Throughout 1992 on

trade routes led to an un

while in other trades th

depreciation of the USdo

brought them closer into 

declining cargo volumes 

entering the world sliner t

most of the major trades A

profitability eroded These 

trend toward rationalizat

services in all the major tr

In response to these 

conference lines in the No

means of balancing suppl

space In light of the r

carriers in the trade it 

conference lines to coopera

service and in turn increa

Changes in the Med

than in the North Atlantic 

continued to occupy maj

Although overtonnaging c

depreciation of the USdo

in US exports over the pr

The transpacific trade 

lower valued largevolum

eastbound movements tend
volume As a result of g

1992 TSA lowered its se

thereby making available a

In Latin America a

growth spurred demand 

Economic reform and libera

Latin American countries 

In the Middle East re

led to modest though lowe

1992

In a new joint service 

and Europe NYK NOL 

sharing space aboard each 

NOL into the transatlantic 

return to the transpacific 

AsiaUSEurope pendulu

wider choice of service wh

wider market presence a

containers from one trade 

In other trades confe

the eastbound Europe to A

forge a stabilization agreem

Agreement EATA EAT

a voluntary agreement not 

unused capacity However 

which combines supplyd

discussion of rate levels E

world sthree major eastwe

agreement The objective 

overcapacity and in turn h

profitability
AUTOMATED T

INFORMATIO

A INTRODUCTIO

The Commission adm

the 1984 Act which apply to 

between the mainland and 

foreign commerce respecti

waterborne transportation 

carriers by water in these t

inspection their tariffs 

service contracts be filed an

available to the public in 

817 and 1707

A freight tariff filed 

of a carrier or conference 

charges and rules applicab

service contract is a special 

carrier sthat applies in 

commitments are made in 

guaranteeing the carrier a 

period of time in consid

carrier to a certain rate an

Additionally termina

persons engaged in carryi

wharfage dock warehous

A Customs tariff is a pu

schedule of Customs duties
connection with a comm

domestic offshore comm

The statutes and im

Commission to ensure 

standards before tariff m

example a tariff or an 

unclear or indefinite and 

other tariff provisions alre

contain effective date prov

eg a minimum of 30 da

filing is defective in any o

filer must file again in the 

go into effect Similarly 

the Commission if they 

regulatory requirements 

581

In order to facilitate 

substantial penalties for n

adhering to the provisions 

a service contract See eg 

1708 and 1709

In addition to enforc

uses the filed tariff and s

and investigatory purpose

related issues raised by 

proceedings as well as in 

contract provision on file 

official evidence of the ap

certified by the Commiss

information is used for 

scheme is primarily design

shipping public to promo
Y

flow of US exports and im

with and maintained at the 

While the first US 

established in 1916 it was 

USforeign commerce wer

all the rates charges and ru

During fiscal year 1992 the 

pages and 6364 service co

commerce At the end of 

foreign tariffs on hand at th

The enormous amoun

limited number of employee

1980s to consider modern te

the paperwork burdens o

shipping industry as well 

Commission regulation A s

area by the Commission co

B EARLY ST

In 1981 the Commiss

the validity of the premis

requirements of the 1961 a

based The study contained 

The first part concerne

the effectuation of non tar

formal decisions enforceme

2 A relatively small numbe

commerce have been required to 

Act
October 1 1981 was base

It concluded that tariffs 

Commission statutory fu

effectively used if the dat

The second part of 

1981 evaluated the impac

users shippers and fre

interviews with 25 impo

forwarders It revealed th

that publicly available ta

maintained at the Com

however agreed that the 

could be simplified by imp

system of rates compute

upon the US Foreign Trad

of Domestic and Foreign C

States Schedule B9

The third part of th

focused upon ten liner o

segment of the maritime 

publicly available and ma

those interviewed for the 

carriers and conferences s

the contents of tariffs A 

of tariffs might be a neces

that any program to sim

tariff automation

The overall conclus

retention of the require

support in the maritime 

need of modernizatio

computerization
While conducting this 

also began an internal study 

the Commission itself The 

a sixmonth period JulyD

permanent filings were rece

of several hundred filers ac

volume The internal study 

quarter fiscal year 1982 act

cost of examining and mai

major filers was 158 000

With the results of 

Commission explored the 

particular interest to the C

on the feasibility of possibl

of an automated tariff syste

interviewed seven carrier

forwarders twelve shipper

firms

The report of this sur

revealed the overall belief o

the tariff system be automa

automated system was ove

that there was a likelihood 

system if it were more effic

to be less costly than the ex

The various responde

stages of automation A fe

and a number of conference

commitments to automatio

automated to some degree 

tariffs would fit well into th
C FIRST STEP 

Recognizing that th

support for tariff automa

to determine if any parti

appropriate system On N

published in the Commer

entitled Sources Sough

Commission Electronic Fi

Tariffs Of the 31 replie

responsive or partly resp

interest in being conside

system andor described 

also raised questions of b

needed to be resolved bef

leading to the eventual ad

The major questions raise

1 Does the filing 

a private contractor off C

statutory requirement that 

2 Can the Comm

compliance with electron

3 What is an app

vendor developed softwa

database requirements

4 What copyrigh

5 What will be 

filing the data electroni

either filed or produced f
storage be required To wha

be required

6 Will the contracto

use of the tariff information 

7 What will be the 

carriers and other firms that 

8 What is the minim

with an appointed outside ve

9 What is the eco

Commission as a free system 

10 What will be the 

will be ultimately selected

11 What will be Coms

on the contractor

12 To what extent w

tariff data into the electronic 

data

13 How will a syste

14 To what extent w

with other format standardiz
D THE SH

On March 20 198

though the continued nee

been questioned by cert

private sector during hea

the requirements to file a

were authorized as an a

contracts were required 

Commission their essen

Commission in tariff fo

public

E THE TARIFF A

In August 1984 Co

appointed Vice Chairman 

Tariff Automation Task 

additional information an

to 17 ocean carriers 10 

forwarders and 20 shippe

use of tariff data and sugg

three entities responded 

are synthesized as follow

Tariffs were u

basis and mo

Most with the 

with the curre

indicated a de

Most of the 

commercial 

carrierconfere

predominant 
large number of 

shippers went 

representatives 

indicated that 

however those s

favored automa

timely and accur

A majority of 

available standa

eg ScheduleA 

Annotated St

Classification 

Transportation Co

did not use stand

nor did they see 

Freight forwarde

the greatest degre

one type of codin

Practically all 

respondents belie

to file data with 

fashion The NV

be too expensive

At about the same tim

inhouse survey was conduct

its needs for tariff automa

concept The survey results 

Most respondent

bureaus felt that 

the quality of 

productivity
Sixtytwo perc

copy was unn

machine read

copies were th

for enforceme

case of compu

Forty percent 

classification 

efficiency and 

21 percent re

their efficienc

Responses we

geographic co

In August 1985 the 

Tariff Automation A F

describing the results of th

the report described the p

review and the Commiss

retrieval of tariff data T

were described to be as f

The automate

sector to the e

The system wil

the assessmen

information

Access by the 

The integrity 

Commission 

ownership of s

the system
A means will 

monopolistic co

the system and 

existing satellit

dissemination o

Contractual arra

not curtail the a

tariff documents 

document rooms 

The report recommend

which would evaluate the t

their costs including a mark

information and the likelih

could be recaptured The 

primary options to be evalu

1 Multiple priva

require Commission con

acceptance of tariff filing 

prevent tampering with th

information in the databas

public through the Comms

Tariff Control Center 

certification process This 

least cost to the Commis

involvement but legislative 

implement it

2 Single database 

operates a single database o

review and acceptance of t

then be made available to 

would offset the cost of 

Rather than grant the cont
information however th

more advisable for the c

perhaps on a subscripti

would save on input cos

access to the informati

Each purchaser could pu

software for providing t

data to other users Har

also be made available f

The report conclud

the technical expertise th

out

Because the Comm

future studies were unbia

an industry consultant in 

The contract provided 

independent of the feas

become the contractor fo

F ATFI FE

TARIFF A

THE ATFI AD

The Commission n

Administration GSA f

and entered into an intera

with GSA on August 1 19

were transferred to a GS

the development of a fea

a contract for this task w

Early in 1985 the C

importance of not only 

public arena the opinions 
by the automation of tar

pursuant to the provisions o

Act 5 USCapp I 1 15 

Advisory Committee was es

The Commission sfir

Advisory Committee was to 

GSA Advisory Committee 

the need for the Committe

obtain a balanced membe

membership on the Com

Register notice of April 

Nominees were required 

services and acknowledge th

procurement solicitations 

Committee

On November 11 198

Federal Register 50 Fed 

Formation of the ATFI Advi

first meeting on December 6 

Commissioner Edward J P

the Committee The ninete

three ocean carriers th

NVOCCs three freight forw

Brokers and Forwarders 

California Association of P

importers and the Americ

Importers two information 

Industry Association

FMC Chairman Edwa

Advisory Committee meetin

guidance on the following p

automated system
Is it desirable 

Can it be str

sufficient thro

for access to t

Is it possible 

system for the 

Can the integ

Commission 

ownership of s

the system

What means 

possibility of 

company that 

minimize inte

commercial c

dissemination 

Can the system 

public access 

made availab

otherwise

Can system op

public access 

Act

Can a system 

imposed upon 

technical requ

automated sys
Chairman Hickey explaine

assure the integrity of the 

The Commission 

filings that do n

and is to det

information p

Information Act 

The system m

historical recor

and reproduced 

to comply wit

government rec

The system mus

or tampering w

and authorized 

All fees for the u

data reproduct

prevent deter o

The critical objectives o

established as follows

To allow each s

formulate and 

process of autom

is To educate each 

about the needs 

such a process
To investigate 

and foreseea

technology to 

Then if fea

compromises 

industry segm

acceptable and 

The Commission d

make an indepth and crit

theATFI Feasibility Study 

implementation plan whic

of the ATFI Feasibility St

The ATFI Advisory 

sessions from January to 

provided input to and rev

Study Contractor The fin

Comprehensive Study of th

System Federal Maritime C

the basic functionality fo

assumptions the concept 

operation policy assump

funding This report was a

Committee with a few su

tariff automation requirem

were

1 Key Tariff Filing 

a Electronically 

Commission

b Provide fault to
c Provide compati

extent possible

2 Key Commission T

a Accept electroni

essential terms amendmen

b Provide tickler ca

on a letter of criticism

c Perform comput

filings egsyntactic valid

d Provide workloa

status of new tariff filings

e Generate Comm

of rejection

f Route tariff filin

g Collect workloa

tariffs filed in a week

3 Key Tariff Retriev

a It is expected tha

this system will be for Coms

Thirdparty vendors will p

public

b Retrieve curren

keys egorigin and desti
c Retrieve histo

keys egcommodity co

i

indices

d Link tariff info

e Retrieve curr

formats egpage

f Retrieve histo

formats egentire tarif

g Provide comp

egsubscription service

h Retrieve tariff 

egrerating

Retrieve tariffs 

4 Key Functionality 

a Accuracy eg

the database

b Timeliness eg

rates

c Security egu

d Special analyse
5 Key Policy Assumpt

a Commission will p

via terminals in a public te

Commission will make copies 

party vendors who could the

services on a retail basis

b Commission wou

valueadded services directly 

provided by thirdparty ser

provided by the system would 

users egfor enforcement 

c Commission wou

rights to the database as a c

The functions and re

identified in the study have 

backbone of subsequent eff

The system concept deve

Commission by the Contrac

73 million and an estimate

months The cost estimat

calculation for the fiveyea

time frame consisted of de

including training data co

estimates were considered 

were the costs for complete 

scratch Some of the co

existing systems which could 

the functional requirements 
The Feasibility Stu

Tariff automation 

the maritime indu

automation appea

potential costs of 

the reasonable ran

that would accrue a

process

The ATFI Advis

Feasibility Study in 

recommendations which 

First the Co

automation as 

Second the 

costbenefit s

the perceived 

costs of the im

G BENEFIT 

PROCUR

In October 1987 a B

a commercial contracto

feasibility of the project 

Office of Management an

In December 1987 

for the project was obtain
H INQUIRY ON THE 

and PRE5OLICIT

In December 1987 th

draft request for proposals 

from the vendor community 

the Commission sought p

functionality of the system i

The purpose of this ou

the regulated community a

fully aware of the Commis

Comments were requested f

the basic functionality of 

functionality as set forth in 

constant throughout the pro

The electronic 

Commission is seekin

the contractor scen

terminals at the Comm

and retrieval The 

electronically filed is b

the industry Transport

and will emphasize ta

as under the presen

basically equivalent t

paper tariffs and can 

to issue an entire rev

As recommend

Committee standardi

will not be mandate

must have the capab

the appropriate time 

essential terms of se
Full impleme

to allow commercia

Exemptions at lea

types of tariff filers 

the electronic syste

The system w

existing computer e

for full connectib

primarily by us

microcomputers d

Commission sdatab

online edit checks 

correct and that ba

with before the tar

checks for example 

improper effective 

than 30days notice 

is warranted such 

provisions will still 

staff and if necessa

The system comput

this process also

The ATFI sys

mechanisms to prote

Tariff filers w

tariff materials by 

system by carriers or 

The carrier or confe

tariff so that the a

Commercial tariff se

carriers and confere

into the database aft

their clients or tra
electronic form T

commercial tariff serv

find it difficult to file 

Once the tariff 

Commission will dow

files formatted onto 

to any person at the r

of

statutory

dissemination

duty of provid

T

charge In order to ke

rapidly changing freig

however interested p

database tapes frequ

subscription service to 

The Commission 

processing of the tariff 

in competition with 

expected that those se

tapes to facilitate t

Commission must ho

tariff data internally fo

purposes and will co

available valueadded 

for this purpose

In order to carry 

making tariffs and es

available for public 

continue to have a 

headquarters in Wa

persons can access a t

particular tariff will 

scanned to find the 

copies of tariff data 
request especially 

tribunals for procee

tariff rates Inquiry 

1987 52 Fed Reg 

Explained in the N

draft RFP was remote ac

modem almost any tim

information by any intere

October 28 1986 Feasib

b Retrieval a

Commission wo

a member of the 

automated tariff sy

example the system 

Coast to retrieve da

using a terminal or m

ie a modem to 

public telephone lin

However mem

be able to perform 

essentially no analys

of the public would 

a time in its full fo

user would have t

particular carrier th

not be able to s

community

Commission ha

a careful analysis 

precedents Commis
thirdparty services fo

retrieval and analysis o

and others in the priva

tariff automation ie

make available copies 

only if they can specif

user fee is assessed fo

not expand these se

implemented H

ensure that thirdparty 

Pages IV8 and 9

While the Commission 

the proposed features and f

system a draft RFP was 

Firms and individuals on t

submit their questions on the 

and to attend a presolicitatio

facetoface questioning

In April 1988 the Com

Automation Inquiry 53 Fe

rationale for the features and 

I REMOT

While the Commission 

RFP it became aware of c

Subcommittee on Informati

OMB Their concerns rev

remote retrieval As noted 

to allow the shipping public 

to an individual tariff of a c

access to one tariff at a 

sophisticated searches Que
on an apparent perceptio

with existing or intended 

sector firms In June 19

commitment to tariff au

of the system on hold to 

53 Fed Reg 22048

During the period J

reassessed the functiona

the area of remote retrie

with officials of Congress 

revisions were made to 

exigencies and legal re

Commission issued to s

draft RFP for comment 

the Commission remaine

remote retrieval and state

draft RFP

The remote retrieva

Accordingly this d

retrieval question st

the final RFP

After much analysis 

decided in December 19

system with remote retri

Automation Inquiry the C

The controllin

functionality of its 

properly considered 

such as 1 the sys

other members of th

role of privatese

Commission believe
In October 198

heard of any compla

privatesector contract

of the Feasibility of a

report accurately desc

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 a

information firms

Commission doe

party services for the 

and analysis of tariff da

in the private market 

Accordingly the 

allow the general p

rudimentary retrievals 

of the data

In consideration 

Commission and the a

to properly perform 

accommodation appea

The shipping pu

modern technology by 

tariff data on a limite
services the utilizat

filing and retrieval 

efficient tariff filing 

fair competition and 

Accordingly 

Commission believes 

policies and conflicti

system and has struc

functionality of AT

Feasibility Study a

December 23 1988 

See also Section N 

1993 below

J CONTRACT AWA

After receiving many 

RFPs and after resolvin

Commission issued a fina

potential offerors on the 

received in March 1989 an

cost effectiveness

On August 8 1989 

Phase I System Con

requirements and Phas

Research Corporation PR

Virginia teaming with Dat

Pittsburgh Pennsylvania w

as the best cost proposal

The contract for the 

options for each subsequ
Testing Prototype Operati

Operation the latter of wh

year 1993 If all options a

worth approximately 7M

Work on Phase I began 

fiscal year 1990 the Contrac

as Phase III Developmen

year Commissioner Donald 

charge of the Commission s

Processing ADP Committe

The system Prototype 

1990 As required by Claus

contract the Contractor re

developed by private indust

be incorporated into the A

The survey identified only 

being developed by DX

requirements of the system 

that it would be a decided 

At about the same tim

the contract the Contract

some other changes mostl

improve the system One 

substitution of a new mod

planned mainframe compu

sufficient capacity but signi

interface screen navigation 

submitted a proposed m

changes and Delegation of P

from GSA for the modifica

Since DXI contempla

for its proprietary software 
donate the software to th

agree to a cosponsor app

Regulation FAR at 48 

its enhancement and re

Commission Thus the n

protect DXI srights in t

escrow arrangements Th

one year warranty after it 

complete access to the und

thereafter

Under the license a

copyright notice as fol

International Inc Unpub

copyright laws of the Unite

and 5222714 The Comm

this or any other commerc

prime contract requires 

performed by an affiliate 

separate from contract 

cosponsored approach all

27408 and as impleme

arrangements complied w

101st Cong 1st Sess 56 1

in establishing the ATFI 

steps to ensure that the p

gaining an unfair advantage 

provision of valueadded 

contract was modified to in

K DOC

On August 1 1990 th

9023 in which it issued 

NOI Advanced Notice o

further public comment on 
considered for ATFI and h

tariff practices

On September 5 19

system was held After b

seeing the system public co

by 22 firms in October 1990 

On December 26 1990 the 

Report First Interim Repo

and resolved the issues rais

On March 25 1991 

Interim Report Second I

concerns of four Electron

raised in their testimony at 

authorization hearing held 

Subcommittee on Merchan

on Merchant Marine and F

to the Commission on Ma

Report clarified the matter

the extent possible and reit

is all that any person needs 

its own batch filing softwar

The Commission sTh

Report in this proceeding 

notice of availability appe

35847 and finalized most 

August 1990 Notice of Inq

Rulemaking could be issue

of the original commenters 

and further comments we

matters of the modified ap

and the proposed transition 
The proposed rule 

Contracts was issued on 

46044 as a new Part 51

for comments being Oct

information to the propose

the Commission sreports 

policy issues listed in the 

the current CFR of portion

is established and all tari

format Part 514 will be 

covering tariffs and servi

currently governing vari

contracts will be removed 

550 580 and 581

The proposed new P

traditional regulatory poli

new electronic system 

functionality the proposed 

features

The Harmonize

modified for A

and codifying c

The essential te

tariffs themselv

database form

Assessorial ch

algorithm mat

In order that the pub

of ATFI for filing andor 

important materials the 

portions of the proposed 
1991 56 Fed Reg 61164 

comments to the entire pro

As suggested by th

comments were invited a

conducted by the full Com

consideration of all the com

proposed rule in an interim 

Reg 36248 The interim 

issues as follows

The Harmonize

was changed 

preferred with

As suggested by 

of service contra

vis the database 

some degree of 

and with the f

another round 

Algorithms nee

possible assess

pre determinab

algorithm requi

for linking te

TLI ie t

linkage Unde

terms no algor

Further comments 

publication especially on 

essential terms
L BATC

The proposed refin

issues contained in the fi

also required revision of 

Reference Tables Transa

1990 The Notice of Inqu

that the Commission wou

batch filing software but 

and code reference tables 

formatting and transfer of 

desired the development 

Accordingly the Firs

in Docket No 9023 appe

containing inter alia trans

dictionary and code refere

Supplement 1 to the Ba

mailed out in the form o

and was also distributed t

demonstrations in Wash

Supplement 2 to the Ba

11 91 Supplement 3 was 

At the close of fiscal year 

Filing Guide was be

improvements many of w

M MISCELLA

IBs 991 and 2491 b

and Answers were issued o

1991 after a September 

public respectively In fis

IBs were issued ie IBs 0
Upon the resignatio

Quartel in early fiscal year 

was appointed by Chairma

charge of the Commissios

project

Certifications of firms 

late fiscal year 1992 with th

On February 11 199

implementation previously 

have to be postponed as a 

of FMC headquarters W

would take place in Augus

and Report in Docket 90

provided a new implem

requirements phased in by 

beginning in early 1993

During fiscal year 19

program to identify ap

improvement resulted in s

changed portions of 46 C

included Dockets 92 21 Am

Fed Reg 46318 9227 

Certifications 57 Fed Reg 

Filing Regulations Exemp

Act 1916 57 Fed Reg 46

Requirement for Tariff Increa

Exemption Under Section 

Reg 44504
N UPDATE 

FEB

Since the 1986 Feas

above the Commission s

accommodate remote filin

modems to and from the o

However to avoid co

services the design orig

remote retrieval such as t

information ontaratim

Such a restriction was 

92

The Commiss

on the system to lim

person

Congress explained this p

Concern has 

accessibility of the A

In particular the rem

public to dial into t

particular carrier sr

given trade

At the prese

reasonable controls 

offered because the 

implemented How

possibilities are reas

could be limited to 
full format and the use 

tariff of the particula

alternative specific lim

imposed and automati

limitation or a comb

requirement discussed 

101st Cong 1st Sess

While the ATF

developed the Comm

built into the design 

of a limitation on acce

the total amount of tim

logoff feature Som

assist in preventing 

features and prevent a 

single entity S Rep 

Both the House Merch

Committees also request

developments on reasonable 

1990 Update on Remot

Commission s28th Annual R

continues that practice

3

December

The

1990

Update

Interim

on Remote

Report

R

i

Ocean Freight Tariffs in Foreign an

ATFI Notice of Inquiry with ap

1991 and 1992 the Commission 

public comment as well as pub

Prototype Phase
In addition to th

contained in HRRep 17

Commission sfiscal year 

In implementin

the Commission to 

that ATFI will not 

of information ser

Feasibility Study re

system should be o

analysis of the d

governing the system 

to access the system 

automatic logoff

S Rep N

added the wor

language is ide

The ATFI Contra

staff had developed re

governing remote acces

Congress as described ab

further modification as re

after experience during p

It is intended that th

of modem access after five 

similar to many types of e

For remote retrieva

specification by the user 

accessed after consulting 

identify the soughtafter T

functions such as commo

item on the screen
Because tariffs will c

sections governing the appli

the same tariff also may b

tariff filer has a separate 

instead of an allinclusive 

types of governing tariffs a

the same session There is n

atatime other than the fu

The original design ha

automatically loggedoff a s

as 30 minutes The period 

sufficient exploration of all 

another TLI if there was a 

After experience it was inte

adjusted upward or downwa

Software and instructio

to assist in correcting as m

tariffs are filed This should 

order that a carrier can dete

successful however it will b

filing in the non public rev

message screen developed 

errors the easier it is for al

The ATFI system de

identification and monitoring 

taken to prevent access abus

The Commission sint

1992 in Docket 9023 T

addressed remote retrieval i

the public
On November 2 19

Pub L 102582 section 5

repeals section 2 of the Ac

1111c and directs that 

retrieval of tariff data be r

Accordingly on Febr

a notice of proposed 

Implementation of Section 

public comments due by M

The Commission wil

on the issue of remote ret
SECTIO

SECTION 18 TH

FIVEYEAR 

IMPACT OF THE 

In September 1989 th

Report on the Shipping Act 

the Advisory Commission o

Advisory Commission 

evaluation including suppo

impact of the 1984 Act on t

It was the product of a fivey

by Congress in section 18 of 

of specific issues that Congre

assessing the regulatory refo

particular the FMC was req

Act to collect and analyze da

the level of tariffs 2 cha

common carrier services 

geographic regions 3 the n

carriers in various trades an

and cost of major types of F

Congress also ident

section 18c3of the 1984 

in its Report 1 the advisa

based on volume and mass 

antitrust immunity for ports 

continuing need for the sta

filed with and enforced by th
The Report was als

Justice DOJ DOT and 

three aforementioned agen

the impact of the 1984 A

Commission

The Advisory Com

Commissioners AC Co

conducting a compreh

recommendations concern

The study specifically was 

be best served by prohibit

or open conferences The 

to the President and to 

establishment a final repo

and conclusions includ

administrative judicial a

advisable The report was 

After a considerable 

deliberation the AC C

meaningful consensus on 

Therefore the report 

recommendations The 

comprehensive review of t

Commission based on th

shippers carriers conferen

who testified before or we

addition individual AC 

statements highlighting ce

liner shipping and change

the current regulatory stru
FOREIGN SHIPP

O

A TH

The Omnibus Trade 

enacted by Congress and e

on August 23 1988 contains 

Shipping Practices Act of 1

The FSPA directs th

conditions affecting US ca

trades which conditions d

countries in the US eithe

acts of UScarriers or othe

related services in the US

B ACTIO

On October 11 199

investigation under the FSP

impeding US carrier opera

offdock terminal activit

registration and shipping a

Other actions and 

foreign trade practices were 

Act and are discussed in 

Operating Activities by O

General Counsel
indicated that substantial 

issues but that the statu

liberalizing Taiwan s Hig

trucking operations rema

On May 13 1992 

proceeding in light of the 

of issues and the pendenc

on the trucking issue 

Commission the UScar

with the status of most m

unwarranted However 

situation required furthe

trucking matters and on t

Requiring Information 

November 13 1992 Tho

Commission indicated th

issue has not been com

essentially unresolved 

carriers are to be submitt

In July 1991 the C

under the FSPA into a

operating in the PRC T

branch office activities fe

and container freight stat

and trucking services Du

commercial and governm

Commission sreview of 

revealed substantial PRC 

request of the US carri

10002 c2of the FSPA 

the investigation 90 days 

parties time to experien

implementation of its co
Review of additiona

PRC had made significan

unresolved issue remainin

no resolution was immine

were satisfied with the stat

termination of the proce

discontinued the proceed

because of the Comms

unresolved matter and in 

PRC commitments and lib

issued a separate Order 

parties to report on futur

and again on March 1 19

The UScarriers in 

concern in two areas PR

authority to undertake tr

The UScarriers also poin

imminent which could aff

issues including trucking 

continued to be made to 

the trucking issue

Reports regarding J

were received by the Com

the discontinuance of an 

concerning that Fund See 

Significant Operating Activ

of the General Counsel

C TOP TWENT

TRADIN

Section 10002 g

Competitiveness Act of 198

annual report to Congress 
which generated the larges

for the most recent calend

United States

The data used to d

twenty partners were furni

Census The Census da

tanker and dry cargo serv

that type of service offered 

on berth The itineraries 

liner service are predeterm

to the Commission by Cen

liner shipments in accorda

The export data are 

Export Declarations the 

import entry and warehous

documents are required to 

These data are subsequent

and import statistics e

possessions shipments of 

imports of vessels themse

military household goods 

supplies intransit shipmen

The most recent y

available to the Commissio

on the next page indicates 

generated the largest vol

bilateral trade with the US 

represent each country sto

thousands of long tons
Top Twent

Trading 

Rank Country 

1 Japan 

2 Taiwan 

3 Republic of Korea 

4 China PRC 

5 Germany 

6 United Kingdom In

7 Hong Kong 

8 Italy 

9 The Netherlands H

10 France 

11 Belgium 

12 Thailand 

13 Brazil 

14 Australia 

15 Indonesia 

16 Spain 

17 Philippines 

18 Venezuela 

19 Singapore 

20 Saudi Arabia 

Source US Department 

Figures listed above are 

Census and are subject t
The same countries 

cargo trading partners in b

Japan Taiwan and the R

respectively The ranking

partners did however ch

ascending countries include

Kingdom 7th to 6th a

descending countries includ

to 8th and the Netherland

the top ten trading partner

Of the remaining t

partners only Belgium a

positions in 1991 In pos

countries changed places 

switched places with Braz

Philippines and Venezuela 

19th and 20th in 1990 

Singapore slid back one p

rankings in 1991 replacing 
V

SIGN

OPER

ACTI

ORGANIZA

A OFFICE OF 

1 General

The Office of the Sec

all matters submitted to an

the Commission Accordi

preparing and submitting 

matters for consideration by 

maintaining the minutes of 

these items receiving and 

complaints involving violat

other applicable laws rece

applications and applic

administrative errors in se

notices of actions of the Co

and records of all fo

communications petitions 

legal instruments in admin

served on the Commission 

administering the Freedom 

Sunshine and Privacy Acts 

from the Commission staff 

issuing publications and 

documents of the Commiss

volumes of Commission d

copies of the Commission s

The Secretary s O

development of rules de

complexity of formal pro

implementation of legislativ

During fiscal year 1992
The Commiss

proceedings a

formal proceed

were discontin

while 15 initial 

Judge became 

Commission 

concluded 221 

informal dock

against carrier

applications to 

same period th

16 rulemaking 

Nine rulemaki

petitions were p

end of the yea

are anticipated 

Responsibility f

dockets was tra

of Administrat

Officers issued 

2 Office of Informal 

Informal Dockets

This Office coordinat

system throughout the Com

and information requests 

Recoveries to the general 

other savings attributable 

amounted to 138 496 S

complainants recover over
The Office coordina

industry representatives and 

materials and information 

During fiscal year 1992 th

telephone requests and inqu

with members of the Presids

which it participated throug

In addition the Offi

adjudication of reparation c

shippers against common 

foreign and domestic offsh

claims must be predicated u

1984 Act or the 1933 Act 

program constitute shipper

arising from alleged overcha

1992 18 claims were filed 

over from the previous ye

informal docket claims wer

other became a formal d

reconsideration were consid

pending cases at the close o

During fiscal year 1992

The Office con

interagency prog

individuals wi

operators Stre

our ability to as

The Office play

information co

untariffed NV

violations of the 

B O

ADMINISTRAT

1 General

Administrative Law J

the receipt of a complaint o

Commission sown motion

Administrative Law 

administer oaths and affirm

offers of proof and receive 

depositions to be taken wh

served thereby regulate 

conferences for the settlem

consent of the parties dispo

matters make decisions or 

other action authorized b

Administrative Procedure A

At the beginning of fis

pending before Administra

147 cases were added whic

to Administrative Law Jud

judges held 11 prehearing 

hearings formally settled 

discontinued 29 proceeding

formal proceedings and 14

applications

2 Commission Action

The Commission ado

formal decisions became ad
decisions in 148 proceeding

one special docket decisio

3 Decisions of Ad

proceedings not y

Memphis Forwarding Co

ofSection 19d4ofth

No 9013

This proceeding wa

determine whether Mem

Memphis which durin

licensed ocean freight forw

of the 1984 Act by rec

shipments in which it ha

Decision found that Mem

with the Government of 

shipments and that it had 

payments from ocean car

beneficial interest The fo

in the amount of 100 0

Seacon Terminals In

No 9016

In this proceeding 

operator alleged that r

complainant slease enga

gave undue or unreasonab

violation of various provis

Complainant asked for rep

12 million The Initial D

voluntarily surrendered it

customer that it was not 
Port was not engaging in u

Port had not set up a monop

operator

Envirex Inc v China 

COSCO et aL Docke

In this proceeding com

been charged a higher rate 

machinery which had been 

Shanghai China than the p

have been the rate for 

commodity Complainant f

the shipment to responden

that the carrier had handle

therefore had improperly 

Complainant alleged that r

and had violated various p

Act and asked for money d

that the shipment was not 

that respondent had corre

breakbulk rate and that 

damages

Orient Overseas Contain

Corp Docket No 911

In this proceeding co

that respondent shipper had 

on certain shipments of w

carried from New York a

India in violation of se

Complainant asked for 

respondent failed to reply 

Initial Decision ordered res
of the claimed amount wh

shipments carried from Ne

Consumer Electronics S

North America Eastb

Docket No 9117

This is the first form

association has alleged tha

violated the 1984 Act by fa

association without imposin

The Initial Decision found 

acted unfairly by discrim

imposing onerous burdens a

the association in violation 

and that the conference sh

when negotiating a service 

future unless the confe

treatment on valid econom

Judges also issued ini

1964 1965 1985 1986 198

2023 2027 2028 2029 203

2048 2049 2054 2055 205

2065 2066 2067 2068 207

2077 2078 2079 2080 208

2088 2089 2090 2091 209

2099 2100 2101 2102 210

2110 2111 2112 2113 211

2121 2122 2123 2124 2125

2132 2133 2134 2135 213

2144 2145 2146 2147 214

2155 2156 2157 2158 215

2166 2167 2168 2169 217

2177 2178 2179 2180 

Decisions of the Commis
4 Pending Proceeding

At the close of fiscal 

proceedings of which 4 w

Commission The remaining 

filing of complaints or ap

water shippers conferenc

terminal operators trade as

C O

THE GENE

The General Couns

Commission This include

recommendations for Com

rules to implement Comm

decisions orders and regu

In addition the Office of th

or oral legal opinions to 

general public in appropria

represents the Commissi

agencies

1 Decisions and Ru

The following are 

representative

Office

of matters 

Petition for Exemption 

Requirements Under the 

No P591 26 SR2

The International F

Associations and 22 ind

Commission pursuant to 

exemption for NVOCCs f

section 8 of the 1984 Act 

the filing of the petition an

persons To assist the 

petition commenters als

attached list of questions re

filing
Sixtyeight comments 

Notice After reviewing t

Commission decided to de

had not met their burden o

each of the four criteria in 

certain concerns raised dur

further decided to issue 

Rulemaking to explore po

relief from the tariff filing r

Puget Sound Tug Barg

35 Exemption Hawaii a

P491 26 SR61 N

The Commission gran

Tug Barge Co Puget 

day tariff notice requireme

Commission saction autho

day s notice any changes in 

and mainlandAlaska trad

costs In addition to allow

decreases immediately the 

an equal competitive basis 

authority

Notice of Inquiry Co

Surcharges by Commo

Docket No 92 14 26 

This inquiry was initi

general subject of surcharg

regulatory action is needed 

effect of surcharges were 

received The Commission 

and complicating aspects o
should be obviated upon im

to its ATFI system by whic

part tariff information wou

minimal effort The Co

concerns that surcharge usa

costs were not substantia

reduction is not a statutory 

rate regulation an authorize

Service Contract Dock

April 17 1992

The United StatesCe

petitioned the Commissi

administrative correction 

Commission denied the pe

that the parties intended th

their initial original contra

DSR Shipping Co Inc 

Docket No 9159 26

DSR Shipping Co 

petition

interpretation

for declaratory

of a service

White Fleet Ltd The 

because DSR also had file

dispute and the Commissio

provided the better proced

fact
Tariff Filing Notice R

Trades Docket N

December 16 1991

The Commission a

carriers in the domestic o

requirements of the 1933 

matter that does not 

transportation Carriers 

matter on oneday s notic

of individual exemptions 

years The Commission 

both shippers because ca

quickly to their needs and 

quickly to meet rate chan

Actions to Address Adv

States Carriers in the U

China Trade Docke

February 19 1992

The Commission i

FSPA into certain conditio

operations of US carrier

were full branch office 

PRC recognition of US 

intermodal and related 

Subsequent to the issua

Investigation commercia

were held which resulted 

concern except for tru

accordingly recommended 

chose not to pursue the

restrictions The Commis

issued a further Order R
FSPA in order to monitor 

and the implementation an

and liberalizations made to 

Actions to Adjust or M

Shipping in the United SV

No 9122 26 SR2

This proceeding was i

Act in response to a Pet

Services Inc Total Ocea

Government of Venezuela 

from access to a subs

USVenezuela trade a

chartering thirdflag vesse

supporting information t

imposing a 100 0 per vo

flag carriers A USGOV 

October 1991 making a

carriers including those op

most of the reserved cargo 

subsequently ascertained 

entered the trade and Tota

had been adjusted and r

discontinued The Comm

proceeding without finalizi

Actions to Address Adve

States Carriers That Do N

the United StatesJapan 

Order Discontinuing 

Reporting 25 SR

The Commission is

requiring Japanese and US 
trade to provide informa

carriers serving Japanese 

Japan Harbor Managem

Requiring Information 25

to this order the Commis

investigation under the 

discontinued on June 13 

representations that a new 

substantially removed the 

a commitment by the Jap

Fund would be discontinu

the proceeding were requ

to the Fund through Apri

1992 as to whether funds 

currently are being review

Bonding of Non Vess

Docket No 91 1 25 

On October 8 199

Rule to implement the No

Amendments of 1990 199

had added a new Part 583 

Regulations and amende

New Part 583 established v

to NVOCCs All NVOCC

of the US except those 

used military household go

a surety bond of 50000 

in the US must design

process If that resident 

service can be made on th

Rule further provided 

cancellation of an NVOs

bond or resident agent 

Form FMC48 the new b
A provision relating to 

used military household goo

so that civilian Department 

clearly included within t

provision was amended to 

subject to other require

bonding imposed by DOD

Common carriers tran

have an additional method 

NVOCC is in complian

requirements of the 1984 A

NVOCCs in compliance th

the Commission The req

common carriers must asce

shipper tendering cargo wa

With respect to servic

Rule prohibits ocean com

entering into service cont

NVOCC has a tariff and a 

23 of the 1984 Act In ad

contract must certify its s

service contract If this cer

NVOCC the ocean commo

proof that the NVOCC is t

be obtained by consulting 

which is published by the 

of the NVOCC sRule 24 T

if an NVOCC joins a ship

a service contract that NVO

the ocean common carrier 
Bonding of Non Vess

Docket No 911 26 

In response to a Pet

Clarification of the Final 

procedures for issuance o

with bonding and tariff fi

Commission further clarifi

a copy of an NVOCC s

compliance and that onc

relied upon for a period o

Inquiry Into Laws R

Government ofEcuado

StatesEcuador Trade 

April 3 1992

The Commission con

to look into the cont

relationships of Maritima 

related companies as w

shipments under the Ecua

response

Final Rule

to

in

a

this

petition

procee

for 

Final Rule had found un

USEcuador trade as a r

the Government of Ecuado

the US Gulf for Ecuado

assessed a fee of 50000 p

Ecuador on Transligra an 

Transligra subsequently ad

the only Ecuadorianflag p

the trade the petition for 

continued to operate in t

identity The Commissio
April 3 1992 requiring 

Andino and its general a

CTA to Show Cause wh

the successor or substitute 

sanctions imposed on Tran

Commission approved a set

and CTA and the Comms

under which Andino and CT

wrongdoing

charges that they

to pay

had

10000

contin

cargo reservation system as 

2 Litigation

The General Couns

litigation before courts a

Although the litigation wor

Commission upon petition 

US Courts of Appeals the 

in actions for injunctions e

actions to collect civil pe

Commission sinterest may 

The following are re

the Office

Matson Navigation Com

Commission No 91 117

In an order served Oc

that a 36 percent general r

Matson Navigation Comp

unreasonable to the extent 

rate

order

of

directed

return

Matson

in excess

to

of

re

subject general rate incre
unjust and unreasonable 

a Petition for Reconside

the grounds that the Com

downward adjustment in 

account of current trends 

denied Matson sPetition 

Matson petitioned the US 

Columbia Circuit for rev

downward

October 29

adjustment

1990 Matson

of 2

return on account of Mats

the allowable rate of retu

to attract capital The Coms

was affirmed in all respec

Merritt v USAand 

March 27 1992

Martyn Merritt appe

totaling 12 million a

Commission ssecond pr

Maritime Group Inc and 

companies with multiple 

Act The US Court of A

that the Commission was 

respondent who refused to 

to appear or respond to Co

of the record but vacate

Commission had not prod

respondent sability to pay 

remanded to the Commiss

proceeding and remanded 

for further proceedings o

penalty
United States v FMC DC 

In FMC Petition No P

MSC of the DOD cont

Maritime Administration o

regulation affecting shippin

meaning of section 19 of the 

have been subjected to pre im

by the Commission pursuan

Comments in opposition to 

and by four ocean carriers 

constitutional doctrine of s

quasi legislative independen

jurisdiction over rules issu

DOT The Commission fu

agency it was similarly ba

between two Executive 

September 20 1991

MSC filed a petition 

denied by the Commission 

MSC then filed a petition 

Appeals for the District o

pending establishment of a 

US and FMC v Merrit

In an action brought b

District Court for the South

an Order on May 24 1990 

in Docket No 8438 assess

against Martyn Merritt j

Maritime Group Inc and 

controlled by Merritt for nu

Following the Second Circs

914112 above and upon e
no judgment on the orde

entered by the clerk M

Order Merritt maintaine

inquired into the Comms

pay the penalty assess

Commission sOrder was 

notwithstanding the exclus

Appeals to review such 

argument in the case was 

is pending

3 Significant Ongo

Petition of Korean Fo

Association of Sout

Unfavorable to Shipp

Trade Petition No P

1992

On June 29 1992 t

the Korean Forwarders a

Southern California KF

relief under section 19b

876 1band the FS

efforts of the Governm

transportation operation 

The KFCBA main

Administration was organ

transportation industry to 

offering customs broke

trucking and warehousin

Los Angeles New York 

York to handle cargo mo

KFCBA warned that the 
use its leverage as part of th

ROK Government srole as 

which extend loans to all maj

companies to induce leadi

participate in the consortiu

members would be expecte

needed

members

services leading to 

The Commission conc

an operation more on the 

that the issue might be re

shipping issues between the 

then scheduled for July 19

decided to hold further ac

Also a factor in the Comms

that

action

the

on

consortium

the petition

would

of Dir

9242 Actions to Adjust o

Shipping in the United States

Actions to Adjust or Me

Shipping in the United SK

9242 57 Fed Reg 531

In response to the P

DCL a California NVOC

the Commission issued a 

conditions alleged to be 

USROK trade DCL al

were prevented from op

forwarders in the ROK as 

Transportation Business Ac

in the ROK of a maritime 

NVOCC or freight forward

owned by ROK citizens or w
citizen The Commissio

existence of conditions unf

ROK Act The Final Ru

freight forwarder which i

citizens suspend the tari

place of business is in th

USROK trade from pa

or brokerage on shipm

However based on co

Government in bilateral 

remove nationalitybased 

US forwarders and NVO

the Commission delayed 

imposed in the Final Rule 

Financial Responsibi

Common Carriers Do

On June 19 1992 th

Notice of Proposed Rule

comment on possible wa

under the Non VesselOp

1991 Act The 1991 Ac

permitting the Commissio

insurance or other surety 

responsibility The 1991 A

amount for a bond p

Amendments The Advanc

appropriateness of accepti

of an NVOCC sfinancial 

developing forms and proc

for evaluating the accepta

and the appropriate amou

to cover an NVOCC sliab
Thirteen comments 

Advance Notice Upon co

Commission published a p

57 Fed Reg 47589 that 

under which insurance or 

evidence an NVOCC sfi

forms and procedures for a

3 specify guidelines fo

insurance companies and g

and methods of coverage 

modified the proposed rule 

issued a Final Rule on Jan

Actions to Address Adve

States Carriers in the 

Docket No 9144 26 

This proceeding und

Commission to investiga

unfavorable to shipping in 

Taiwan Authorities restric

Specifically the proceeding 

operate offdock container 

and register chassis lease 

shipping agency in Taiwan

Substantial concession

during the course of th

liberalization of the contain

dock container terminal iss

was not resolved at the cl

limit on the investigation w

US carriers Accordingl

restriction constituted an 

but declined to impose san

Commission noted that leg
was introduced by the Exe

that the majority of the i

satisfactorily resolved an

requested that no sanction

The Commission or

serving the trade to repo

resolving this issue by Nov

carriers reports the C

legislation to remedy truck

UScarriers in Taiwan ha

no definitive schedule fo

The Commission directed 

submit further reports to t

The information will be us

pursuant to the FSPA or 

Commission are warrante

Actions to Adjust or M

Shipping in the United S

9124 26 SR585 

The Commission de

proceeding to address rest

the USROK oceanbo

operation of ROK law Sp

from engaging in trucking 

directly contracting with 

commitments made by the 

resolve most of the issue

1991 suspended further ac

additional comments from 

May 1992 Additional co

solicited to address inter g

the summer The Commi

comments that unfavorab
US carrier trucking ope

accordingly issued a final 

voyage on ROKflag vess

sanctions were suspended 

of ROK Government comm

restrictions In the meant

subjected to periodic repo

4 Foreign Shipping 

Matters

Several reports re

prepared and submitted to 

under section 19bof t

included Ecuador Venezu

89 7 91 22 9124 924

USEcuador trade the C

investigation in connection 

of its Final Rule issued p

Report and Order to show 

not be made subject to sa

A settlement between the 

parties responding to the o

approved by the Commiss

reservation policies of th

apparent restrictions we

consideration by the Com

include restrictions on US

and on UScompanies ab

service in the ROK and a

ROK to establish a transp

result in irreparable harm 

customs brokers located in 

ROK
A number of repor

were prepared and subm

arising under the FSPA 

UStrades with the PRC 

and 9144 Issues in t

apparent restrictions on 

shipping and ancillary a

countries or otherwise adv

The Commission disconti

trade based on the elimin

assurances provided by 

monitor the removal of P

required that reports be fi

developments Similarly 

USTaiwan trade was 

reporting requirements im

enable the Commission to 

unresolved restriction rep

Further the Commis

be filed by certain carrier

trades Carriers in the 

address the status of the F

reported on the status of 

operating in the ROK

The Office of the 

interagency groups and 

particularly as technical a

Policy Group whose othe

the US DOT DOJ Depa

the Office of the USTra

coordinated and participa

including European Co

Commission
Finally under the 

program several common 

during the fiscal year for co

D O

EQUAL EMPLOY

The Office of Equal 

applies knowledge of Fede

concepts procedures and r

comprehensive program of 

Office works independen

Chairman to provide advic

in improving and carrying 

discrimination and affirma

The Office is resp

planning special emphas

processing and adjudicatio

assigned EEO counselors 

Coordinator

The Office works clos

Personnel managers and s

Improve recruit

minorities an

conditions in th

Provide adequa

Facilitate early 

problems

Develop progra

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 Continued to provide 

2 Planned developed 

and external special emp

participation in coordinat

Personnel implemented a 

during National Disability 

3 Provided workshops 

Blacks in Government th

Council and Asian Her

conferences

4 Reported to the Cong

reports initiatives underta

affirmative program plann

5 The Director Office o

the President shistorical 

purpose of setting new dir

regarding recruiting hiri

people with disabilities T

the Department of Educa

Opportunity Commission 

Employment of People w

Personnel Management
6 Continued to utilize 

the agency to upgrade the 

administrative staff and E

7 Resolved all compla

program which saved the 

settlement costs

8 Provided extensive c

supervisors and employees 

9 Resolved several sens

the Commission

During fiscal years 19

its existing programs and in

management and employe

and responsibilities

E OFFICE OF IN

The Office of Insp

Commission was established 

Act of 1978 which was 

additional statutory inspect

entities including the Com

It is the duty and resp

Provide policy 

supervise and c

relating to th

operations

Review existing 

regulations rela

and operations 

concerning the 

regulations on t

the prevention a

the administrat

and operations

Recommend pol

or coordinate 

financed by the 

promoting eco

administration o

and abuse in 

operations

Recommend po

or coordinate re

and other Fe

governmental 
agencies with re

promotion of 

administration 

of fraud and a

administered or 

the identification 

any fraud or ab

Keep the Chair

currently inform

other reports c

problems abus

administration 

administered o

recommend co

problems abus

the progress ma

action

Fiscal year 1992 was 

since its establishment Sev

one done by the Defense C

termination costs associate

contract between the Com

Other audits included revie

Investigations two district 

Law Judges the Comms

Lobbying Restrictions Ce

reviews were also conducte

investigations were comple

authorities for further actio

The OIG in conjuncti

Official established a trac

action plans for all audit r
ensure that timely action 

recommendations arising o

The Inspector Gener

of the Executive Council o

and serves on a number of c

In fiscal year 1993 

significant audits will be iss

surveys and followup revie

as necessary As part of the 

employees of ways to impr

of government as well as 

Commission activities in

specific topics will be iss

General will continue his 

provides a forum for the e

general community

F OFF

MANAGIN

The Office of the M

various Commission Order

authorizations is responsi

administration and coordin

and programs This has be

and proper achievement of 

The Office provides 

supervision to the

Bureau of Trade 

Bureau of Tarif

Bureau of Hear

Bureau of Inves

Bureau of Adm

Additionally the O

furnishes administrative dir

Office of the Se

Office of the Ge

Office of Admin

Office of Equal 

The Office also provid

Office of the Ins

The Office of the Ma

for the Commission pro

Management Internal Con

and updating of all Commis
A significant achiev

1992 was the direction o

restrictive trade practices 

and surveillance were mo

participated in several ma

the effects of a foreign go

continue as a high priorit

during the past fiscal y

involvement in the prepar

rules related to the Coms

of regulation on the sh

continues in fiscal year 1

were initiated in fiscal ye

issued in fiscal year 1992 

coordination of an enhanc

operating Bureaus Plan

investigations based on d

malpractice program and 

for new enforcement prog

also coordinated the eff

drafted the Final Rule and 

1990 Amendments and 

relocation of the FMC s 

Street NW Washington 

A Deputy Managing 

for the Commission sd

coordinated by the ADP 

member of the Comm

recommendations to the 

the Chairman In fiscal 

Phase IV Operation as 

begin in fiscal year 1993
The Office is currently

1 Guiding the developm

under Commissioner Hsu s

2 Coordinating staff invo

of Commission regulations 

Working Group on the Reg

3 Managing staff effort

modifications which gave th

determining the financial re

4 Directing all staff eff

practices of foreign governm

5 Coordinating the revie

orders

The Office skey objec

are the continued coordina

development of ATFI furth

address restrictive practices 

enhanced enforcement prog

for Commissioner Hsu the I

Investigation No 20 Service 

Associations and Non Vesse

coordination of staff efforts 

development of regulations

G BUREAU OF 

AND 

1 General

The primary function 

and Analysis is to plan 

related to the oversight of c

by water under the standa

The Bureau smajor progr

Administering 

programs to ide

commercial an

UStrade in o

staff apprised o

trends and 

waterborne line

Conducting s

activity

administration

in are

Developing ec

support of 

responsibilities

Processing and 

marine termina

Providing expe

formal proceed

foreign shippin

rateofreturn cs
2 Surveillance

An integral part of the 

Act and the 1984 Act is th

activity and trade condition

with statutory standards 

Commission srules The 

surveillance programs desig

necessary degree of oversig

The 1984 Act provide

agreements following a br

agreement is rejected for 

conform with the mandator

in sections 5band 5c or 

contained in section 6gof 

section 10 of the 1984 A

additional information T

agreements under these st

subject to the 1916 Act whic

trades are processed and 

Act s public interest stand

effective the Commission 

surveillance over the part

compliance with the standa

also empowers the Commi

disapproval cancellation o

it finds to be in violation 

statutory responsibility the 

activities toward improving 

monitoring programs

As in previous years t

to refine its programs for mo

parties in the UStrades T

of surveillance factors incl
cargo tonnages of ma

identification relevant tari

of service contracts agree

minutes of meetings held 

reports required by the Cos

for existence of possible m

During fiscal year 19

of monitoring reports and 

audits of selected agreem

annual report on controlle

return analysis for a rate 

4 an analysis of responses 

agreement srestriction of 

each other a possible viola

Act 5 an analysis of re

regarding fees paid into the 

6 the development of tra

7 an update of utilization 

Transpacific Stabilization 

information regarding a 

several US Gulf ports 

potential

actions on

savings

unfair

to

shipping

USca

market share data on maj

trade 11 an analysis of 

chartering agreements 12 

Soviet Merchant Marine 

contracts filed by a contro

issues surrounding currenc

handling charges 15 the 

the transpacific and transa

use of independent actions 

17 a report on coffee mo

US 18 a report on the 

exemption for marine term
retrieval of carrier marke

20 preparation of backg

briefings for senior agency 

During fiscal year 19

the Advisory Commission 

to the Advisory Commiss

on the impact of the 1984 

data are available to the A

and prepared reports upda

the FMC sSection 18 Rep

Other projects the B

year 1992 included 1 r

filing requirements for do

filing regulations and req

order to determine where 

regulatory burden on th

comprehensive report on 

process including estima

increased employment t

regulatory changes 3 m

controlled carriers 4 a

comments on pending 

6 addressed service redu

trade volume discounts 

increases on meat in the 

rate filings of a Russia

Commission sacceptance 

variety of inquiries and c

range of problems and issu

rates surcharges and othe

between different coastal 
3 Types of Agreemen

a Conference and 

Conference agreeme

discussion agreement and e

and practices by groups of 

are limited to a geog

Interconference Agreemen

conferences

During fiscal year 

processed 115 conference 

including modifications to e

Act There were 59 

interconference agreements 

year

b Pooling and Equ

Pooling agreements a

carriers in given trades t

apportionment of cargo a

increased efficiencies throug

These agreements often set 

requirements aimed at im

Equal access agreements se

access to cargo that is c

reciprocal trading partners 

quotas or other restriction

Twentysix pooling an

amendments to existing ag

1992 and there were 17 ag

end of the fiscal year
c Space Charte

Space charter agre

cross chartering of vesse

among vessel operators 

agreements are to facil

trades routes beyond tha

to facilitate the rationaliz

to reduce excess vesse

agreements also genera

sailings and to exchange 

During fiscal year 

agreements and modifica

and 122 were in effect at 

d Joint Service A

Joint service agreem

agreements generally es

service to be operated by 

a joint venture in a given 

a single carrier establish

tariffs and issues its own 

strictly confined to the a

underlying agreement

Seven joint service 

filed during fiscal year 19

were in effect at the conc

e Cooperative W

Cooperative working 

from discussion agreeme

discuss competitivelysen
inter carrier operational u

the other categories men

voluntary ratemaking ag

amendments to existing C

There were 111 CWAs in 

f Marine Termin

Marine terminals o

entities provide facilitie

interchange of cargo and 

carriers and for the receip

and consignees The Bure

processing of certain agree

industry

During fiscal year 

agreements and agreemen

marine terminal services 

agreements became effec

rules that exempt certain cl

from the waiting period re

approval requirements o

entitled to the Commiss

processed under applicab

jurisdiction

agreements were

At

consider

the end 

agreements were in effect

g Other Agreeme

The Bureau sAgreem

range of data on each 

addition to the agreeme

number assigned to the ag

each agreement expiration 
authority contained in the 

names and addresses of a

continually updated during 

4 Future Plans and 

The Bureau soverall 

focus on systematic oversi

an emphasis on develop

methods to enhance th

administering the 1984 Ac

The Bureau will co

issues facing the industry 

trades and to analyze fore

of sections 5 6g and 

agreements under the pub

The Bureau will con

share data in key confere

Bureau tracks trends in the 

ripe for closer scrutiny

The Bureau plans to 

refining the current fram

program is designed 

anticompetitiveness genera

of their commercial environ

containing capacity manag

The Bureau anticipate

will continue in 1993 At 

cases were pending in th

section 19 case was pendin
The Bureau plans to 

political developments in th

impact

controlled

these

carrier

developments

progra

monitoring the activities of 

Commission activities unde

The Bureau antic

rulemakings during fiscal ye

1992 the Commission was 

issues involving conference 

take independent action e

terminal agreements and 

ensuring the financial respo

The Bureau will con

newlyfiled agreements to d

raise issues and specific que

of the 1984 Act or raise ge

will continue to prepare re

on more complex agreeme

agreement matters unde

Commission

The Bureau will con

agreement filings under th

1916 Act and make app

Commission for approval o

In support of its m

continue to maintain the 

Process System and the R

well as develop new pro

needed The Bureau will co

of Agreements and Minute

H BUREAU 

CERTIFICATIO

1 General

The Bureau of Tariffs 

develops administers and a

connection with pricing 

conferences of such carriers 

the foreign and domestic 

reviews and maintains both 

rejecting

regulations

those

approves

which fail

or

applications involving reques

administers the NVOCC bo

and guidelines and reviewing 

financial responsibility proce

terms publications filed b

conferences of such carriers 

service contracts containing 

Commission regulations prep

to correct clerical or adminis

of service contracts and 

collaboration with other 

warranted for formal a

Commission

The Bureau is also res

freight forwarders under the 

Act and under Pub L No 

and operators of passenger 

to the financial responsibilit

satisfy any liability incurred 

death or injury to passengers 

Bureau assists in the plann
primary responsibility for 

Commission sATFI syste

Thus the Bureau is 

common carriers and m

responsibility for NVOCC

ocean freight forwarders 

operators of passenger ve

The Bureau develop

policies and standards an

to its program activities T

Commission components 

Commission sregulatory 

2 Foreign Commerc

a Service Contra

The 1984 Act per

conferences of such carrie

of the USto enter into s

shippers associations A s

Act as

A contract betwee

carrier or conferen

commitment to prov

cargo over a fixed t

carrier or conferenc

schedule as well as 

assured space tran

service features the 

in the event of non

party
Each contract entered 

Act must be filed confiden

the same time a concise st

be filed with the Commissio

public in tariff format The 

all similarly situated shippe

The essential terms o

The origin and 

geographic area

The commodity 

The minimum v

The linehaul ra

The duration

Service commitm

Liquidated dama

The variables which c

are almost infinite there

significant freedom to ta

suitable to their commerci

1992 the Commission init

permit service contract es

commercial mutualagreem

Service contracts filed 

necessary statutory and reg

service contracts which fail 

and cargo commitments 
liquidated damages prov

Commission The Burea

assess compliance with the 

standards set forth in Circu

contracts do not contain 

which would allow the part

appropriate damages for 

that force majeure provis

contract scommitments fo

meaningful commitment e

Shippers association

under the 1984 Act as 

transportation They are d

shippers which on a non p

to secure volume rates or 

1984 Act expressly requi

negotiate with shippers a

associations can enter into 

members Shippers ass

antitrust immunity under th

85 service contracts were 

associations In fiscal year 

comments on whether a r

carriers and conferences o

service contracts with sh

Docket No 9235 Notic

Regulatory Issues

In fiscal year 1992 

contracts covering the e

commerce both inbound 

prepared recommendations 

administrative errors in the 

During fiscal year 1992 the 

the Bureau Director to 
administrative or clerical e

authority 61 requests were 

b Controlled Car

A controlled carrier 

operating assets are direct

by the government unde

common carrier are opera

USC app 1708 provid

maintain rates or charges i

that are below a level that 

such carrier establish or 

classifications rules or reg

such rates charges class

controlled carrier may no

Commission become effe

the date of filing with the 

proscriptions include rate

whose vessels are entitled 

most favored nation treatm

The Bureau monito

carriers to assure that the r

decreases is given The Bu

applications filed by contro

c Common Carrie

Every common carrie

of the USand licensed oc

section 15b of the 1984 

46 CFR Part 582 to file 

Policies and Efforts 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 

regulations

In addition

provide

to the civil

upon

p

of the tariffs of those ca

licenses of those ocean fre

certification Furthermore 

forwarder license or initial 

anti rebate certification in 

rejected

Aprogram supported 

is in place to ensure th

forwarders file their annual 

approximately 3700 certific

entities were canceled f

certification

d Foreign Tariffs

Section 8 of the 1984 

the filing of tariffs by all 

foreign waterborne comme

During fiscal year 1

received and reviewed Th

filings In addition appro

existing tariffs were review

foreign special permission 

canceled pages of active ta
e NVOCC Bonding

During fiscal year 1991 

the 1984 Act imposing a b

operating in the foreign 

Commission sregulations re

the amount of 50000 by 

foreign waterborne commer

Surety bonds obtained 

be used to satisfy claims a

activities or penalties assess

section 13 of the 1984 Act 

1750 bonds are on file 

Commission proposed amen

the 1991 Act 106 Stat 60 

of the 1984 Act 46 USCa

to accept in addition to bo

proof of an NVOCCs finan

rule retains the 50000 min

3 Domestic Commerc

a Domestic Tariffs

Common carriers ope

commerce are required pur

Act 46 USC app 817 

46 USCapp 844 to file 

with the Commission Th

tariffs comply with applica

Commission sregulations 

reports of financial and o

common carriers in the dom
During fiscal year 

were received and revi

addition 12 domestic 

processed The Bureau 

tariff pages amending e

were in a certain datab

testing for the Commisss

b Financial Ana

The Bureau provide

help ensure the reasonab

of cargo and other service

domestic offshore water

Bureau also provides tec

within the Commission

The Bureau continu

in the domestic offshore 

involved the receipt and r

submitted in compliance 

During the year the 

in rates for the transporta

Coast and Hawaii as we

transportation of livestock 

Coast ports Financial ex

to the passenger vessel ce

4 Marine Terminal 

Marine terminals o

entities provide faciliti

interchange of cargo and 

carriers and for the receip
and consignees The Comm

of tariffs related to the mari

The Bureau carried ou

marine terminal tariffs by 

terminal tariff pages filed d

of the fiscal year 515 term

Commission

5 Freight Forwarders

The ocean freight for

persons who in effect hold t

departments for hire Ocea

foreign commerce of the 

transportation of cargo by 

the paperwork legal requi

other incidentals related to 

freight forwarders receive a 

an export shipment as well 

carrier whose vessel is selec

During fiscal year 19

new license applications In 

105 applications for transfer

Also during fiscal year 1992 

were revoked This was du

to maintain the required 

Commission At the end 

forwarders were operating u

Onsite compliance inv

the Commission seffort to 

forwarders comply with the 

and the Commission sre

investigative reports were r
these reports resulted i

licensees or referral to th

assessment of appropriat

determined to require no 

were pending review at t

In fiscal year 1992 

and evidence in a Commi

of Investigation Docket 

to investigate the activiti

Memphis a licensed f

instituted to determine w

19d4of the 1984 Act 

freight forwarder compen

had a beneficial interest 

violated section 19d4

forwarder license should 

schedule was establish

representatives of the Bu

hearings in fiscal year 

proceeding was served o

should be issued in fiscal 

6 Passenger Vessel 

The Commission 

sections 2 and 3 of Pub 

817e

regulations

which

found

have

in

been

46 C

the Public Owners chart

foreign vessels having ber

fifty or more passengers an

must establish financial re

incurred for death or inju

voyages to or from USp
for nonperformance of tran

entitled under ticket contra

Upon submission of e

accordance with Subpart A 

issue a Certificate of Financ

of Passengers for Nonperform

submission of similar eviden

46 CFR 540 the Commissio

Responsibility to Meet Liab

Passengers or OtherPersons 

amount with respect to 

except for selfinsurers is 

to selfinsurers could be gr

During fiscal year 1

applications for passenger v

new performance certificat

and 19 were amendments 

Pub L No 89 777 passen

with the Commission evid

excess of 330 million for 

casualty

During fiscal year 1

advance notice of propose

proceeding under Docket 

Responsibility Requirements 

Nonperformance of Trans

public comment on the Cos

responsibility requirements 

nonperformance of trans

Pub L No 89777 Ba

Docket No 91 32 the C

proceeding under Docke

Responsibility Requirem
Transportation and revis

Subpart A to inter alia ins

that operators need meet 

qualify as selfinsurers an

wholeship arrangement

7 Automated D

The Bureau maint

systems These are th

2 Regulated Persons In

4 Microfiche System a

System The Service Co

service contract data such 

which are kept confident

assigns a discrete numbe

regulates and contains the a

name of the person The 

contained in tariffs on 

Microfiche System provides 

which have been microfich

System contains certain 

including surety bond info

The Bureau has also m

development and impleme

ATFI system is a comput

filing processing and retriev

transportation of cargo by c

and domestic commerce of 

in addition to tariff ma

electronic filing processing 

of service contracts Burea

the acceptance testing and 

elements of the ATFI syste
8 Support Activities

The Bureau acts as one 

data sources for other Comm

Investigative activities r

and supporting documentati

staff Automated databases 

Index and the Service Contra

data identification purpose

material is retrieved and 

Investigations andor the ap

The Commission sfiel

general data lists of regulate

office jurisdictions Inform

licensed ocean freight for

passenger vessel owneroper

offices This data assists not 

serves public needs for info

regulated entities

9 Rulemaking and Do

The Bureau initiates o

Commission docketed proce

Bureau participated in deve

matters

Docket No 8714 Ba

Possible Violations of section 

of 1916 and section 10a

alleged that Banfi Product

rebates of compensation p

Commission heard oral arg

case and the Commission 
concerning alleged Banf

pending before the Com

Docket No 9120 

Arrangements The Co

terminal services agre

operators and common 

and agreement filing req

Docket No 9132 P

Requirements for Ind

Nonperformance of Tran

public comment on the Cs

responsibility requirement

nonperformance of tran

Pub L No 89777 Th

would inter alia institute 

certain treatment for who

Docket No 91 51 F

in the Domestic Offshore 

proposed rule amending 

revenue limit to 50000 

provision Further change

the impact of the change 

Docket No 9219 

Requirements for Nonpe

Commission revised its ru

inter alia to remove the 

changed the reporting req

as selfinsurers

Docket No 9226 

Operators in Pacific Slope S
exempted certain terminal 

requirements

Docket No 9228 E

Provisions removed severa

Commission stariff rules

Docket No 9229 N

Demurrage Charges on Impo

Truck Detention at the P

discontinue these regulatio

I BU

HEARIN

The Bureau of Hea

counsel in formal adju

non adjudicatory investigat

designated by Commissio

initiated by the Commissio

attorneys where interventio

formal complaint proceedin

1916 Act 46 USC app 

46 USCapp 1710 and i

FSPA 46 USC app 1

designated Investigative O

proceedings In addition to 

Bureau participates as a p

formal proceedings in ord

affecting the shipping indu

distinguished from issues de

the litigating parties are a

also participates in an advis

Commission rules and reg

may participate in court litig

On request the Burea

Bureau attorneys provide 

Investigations during fi

enforcement reports com

appropriate the Bureau 

violations of the shipping s

compromise and settle civi

those violations If settlem

as prosecutor in formal Com

in the assessment of c

participates in conjunctio
enforcement initiatives s

Initiative and the Transp

At the beginning of 

were pending final resolu

year 49 new civil pena

investigative activity of t

Commission sformal fact 

cases were compromised 

referred for formal proce

were pending resolution 

At the start of fisca

eight formal proceedings 

participated in ten new fo

in which the Bureau partic

the Bureau was involved 

end of the fiscal year

At the beginning 

requests for legal advice p

requests for legal advice 

and 97 legal advice proje

legal advice matters w

September 30 1992

As a result of en

collected 653 712 in c

Settlements were reached 

industry eg carriers sh

US foreign trades

In fiscal years 1987 

two non adjudicatory pro

other rate malpractices 

the North Atlantic trades 
in the transpacific trade

Investigation No 16 was in

North Atlantic amnesty agree

establishment of an ongoing c

North Atlantic trades Fa

continues to pursue evidence 

Finding Investigation No 1

major settlements with carr

Pacific cargo interests and 

Additional settlements wit

achieved in fiscal year 1992 

pursuant to Fact Finding Inv

In fiscal years 1993 and 

pursue violations of the shi

advice and support to the C

addition the Bureau will be 

formal proceedings or ot

Commission under the FSPA

J BUREAU OF 

The Bureau of Inves

and conducts investigation

common carriers NVOCCs 

and terminals and other pe

statutes and regulations ad

The Bureau maint

Washington DCand distr

New York Miami Hato Re

Angeles and San Francisc

surveillance functions ea

Commission within its jurisd

Commission and the maritim

collects and analyzes intellig

assesses industry wide cond

The Bureau investigat

pursuant to major Commissi

In addition the Bureau inve

a local level These activ

conjunction with fact findin

The following prac

investigations conducted by 

Illegal rebating 

rebates by shi

associations

Misdescriptions 

other malpractice

and other perso
Activities of oc

to agreement

agreements 

implemented p

are being car

acts

Failure by co

tariffs covering 

rates that ar

Commission a

Operating as 

license issued 

statute or reg

The Bureau ssurve

Reviews of 

compliance wi

Audits of NVO

Post licensing 

licensed freigh

their operat

requirements

Audits of pass

financial prote

Bureau liaison a

coordination with other 

regulatory information an

shipping industry and t

complaints within a distri
The Bureau assists t

formal proceedings before 

and surveys for use in p

revision reports trade info

action

During fiscal year 

investigate malpractices in t

transatlantic transpacific 

and Caribbean trades The 

of major investigations th

Transpacific Malpractice P

continues to monitor and 

Atlantic trades as part o

Initiative that began in 198

The Bureau conduct

inquiries including service 

audits of NVOCCs and 

summarizes the Bureau of 

39 investigations were forw

Counsel for enforcement a

The Bureau has initia

fiscal year 1992 One is inte

at current practices in t

markups to shippers coloa

NVOCCs Investigators 

reviewed the operations of 

program is intended to co

information provided to o

unlawful ocean freight redu

targeted under this program 

misdeclaration of weight m

of service contracts
Coordination betwee

Investigations and Custom

year 1992 as a part of t

between the agencies f

information During fis

increasingly accessed info

through cooperative arra

Offices This exchange 

continue to increase in f

agencies advance in auto

filing of regulatory inform

During fiscal year 19

its staff with training in 

system Bureau personn

from Customs in the use 

information Training ac

will focus on management 

skills and the enhanceme

personnel The Bureau a

in the Federal Law Enfo

training programs

Bureau resources i

continue to be directed 

major trade routes and the 

unlawful shipping practice

numerous surveillance a

audits passenger vessel a

checks NVOCC tariff aud

collection of intelligence 

The collection and 

foundation for more effic

increasingly sophisticated 

Bureau will continue to 
investigative capability 

environment of the shippin

automated systems in the c

K BUREAU OF 

Office o

The Bureau ofAdmini

administration and coordina

Office of Admini

Office of Budget 

Office of Informa

Office of Person

Many of the functions 

Administration are reflected 

below

The Office of the Dire

administering the Commisss

which includes an active 

program to ensure effective 

12356 The FMC training 

administered within the Off

Office from the Office of 

The Director is the Comm

Management Official to th

and is a member of SAC sE

1 Office of Administr

a General Office R

The Office of Adm

administers a variety of ma

principally provide adminis
ogram operations of th

Office is the Commissios

The Office ssuppor

telecommunications proc

services property manage

copying management ma

graphic designs facilities 

transportation The Offics

furnish all necessary supp

in support of the Coms

regulations policies proce

and provision of these su

FAR the Federal Prop

Federal Information Reso

other appropriate Federa

b Objectives

The objectives of th

Develop exec

procurement a

Government to 

Control

acquisition

and

ut

disposition of 

Develop and 

telecommunica

locations to in

of telecommun

Plan and adm

the workplace 
utilization operat

to include the a

provision of office 

Manage the recei

of all supplies fo

support of Comm

Coordinate and 

copying and grap

Regulate the rece

mail

Coordinate the 

facilities with res

parking

Arrange for tr

Commission loca

Conduct safety 

Commission sem

plan

Manage the ret

Commission reco

Direct the Comms

and goal setting 
c Achievements

During fiscal year 

Realigned an

increase vers

future budget 

Performed an

the FMC s t

Commission

Completed al

the GSA for 

District Office 

York District 

Revised policie

to the Comms

Resolicited a

provision of m

Coordinated 

Agreement wit

evaluative stud

ATFI system

Completed pr

FMC s drug 

Agency Agreem

Interior and its 

Coordinated th

Office telecomm
of the Los Ang

system

Revised the FMs 

express mail serv

control

Worked with the 

develop individua

plans for the 

coordinated all r

other building ten

and

Purchased and 

telecommunicatio

headquarters offic

effort

d Future Plans

In fiscal year 1993 the 

incidental to the FMC shead

objectives include the followi

solicitation phases concernin

and award new contracts fo

import and export data an

support complete the deve

Operation Procedures for a

studies and analyses of proc

file

acquisition

maintenance

numbering

and retent

system 

and staff training in accordan

Commission Order on procu
2 Office of Budget 

a General Office 

The Office of B

administers the Commiss

and

physical

is responsible

fiscal and

for

staffi

op

with interpreting governm

and programs and devel

submission to the Cong

administers internal cont

and cash management pro

fund The Director of t

Financial Officer

b Objectives

The objectives of th

Submit annua

to OMB and t

Execute the b

are properly e

Prepare reg

management d

Administer th

employment

Collect all fees 

Process paym

accordance wi
Process travel 

established time 

Federal Travel Re

Administer the Cos

and manage the 

program

Ensure resources 

waste error and 

Continually review 

procedures to ens

regulations and 

deficiencies

c Achievements

During fiscal year 1992 

Collected and d

921 673 from 

collections and 

application ATFI 

fees

Coordinated and p

estimates for the 

budget and the fis

Participated in O

hearings

Provided the Ca

Department of Tr

participation in 
employee payc

agency sparti

Card System

Assisted in th

Penalty Repo

Completed th

Information T

Prepared a va

Report on Fi

Joint Fina

Program the 

Office of Pe

Annual Repo

Program the 

OMB the R

Costs OPM 

Initiatives De

Provided man

on workyears 

Managed the 

management 

Led Updated an 

management

d Future Plans

During fiscal year

automate voucher prepa

control procedures refin

improve processing o
Congressional budget subm

machine program update 

leading to economy and e

operations

3 Office of Informatio

a General Office R

The major functions 

Resources Management 

administration telecommun

application development an

clearances

The Office is delegate

Commission sinformation 

program is administered i

Paperwork Reduction Act 

amended by the Paperwork 

1986 Pub L No 99500 

guidelines

The Office sresponsib

the National Environmental 

Policy and Conservation 

determining whether the Cos

impact upon environmental q

transferred to the Bureau o

and the Office of the Secreta

1992
b Achievements

During fiscal year 1

On ATFI reco

approval for 

installation a

serve as back

computer to te

prior to ins

industry sso

capable of e

system coo

Configuration 

approval of A

from the indu

extensive test

host compute

up computer 

subcontractos

Pittsburgh P

code validatio

agreement b

subcontracto

requirements 

coordinated 

acceptance t

deliverables a

Federal agenc

coordinated 

industry and 

EDIFACTlike 

thereby minim

when the Co

standard
Coordinated an

relocation of the 

site including 

network LAN 

oftheart techno

10baseT cablin

reinstallation an

and the design 

room computer 

storage facility 

new location

Continued

headquarters

to

a

established thei

host computer a

district office a

functions to fu

Commission sco

Participated in c

and played a key 

technical logisti

related to ATFI a

owned and maint

as systems to whic

such as Custom

coordinated wit

respect to Com

connectivity re

acquisition and c

of applicable 

communications

district offices
in Provided the 

and guidance 

Commission s

fully comply w

Reduction A

Commission s

the fiscal y

clearance act

which includ

representative

Continued u

Management 

instructions f

Provided syst

microcompute

installation at 

offices provi

instructional 

had antivirus 

computers

The Office D

Commission s

as CoCon

Representative 

contract

c Future Plans

In addition to imple

providing extensive techn

mentioned above major 

1994 include finalizing 

Plan IRM Policy Guide 
inhouse computer trainin

training for all employe

management performing 

developing Commissionwid

systems to provide agency

databases and initiating 

capability

4 Office of Personne

a General Office R

The Office of Personne

personnel management pro

placement position class

occupational safety and he

employee relations workforc

incentive awards retiremen

b Achievements

During fiscal year 199

Worked closely 

Resources Board 

Service SES R

and implement 

Program designe

requirements thr

Amended the Cs

policy to incorp

Interagency C

identification an

for the random 
Continued a 

program po

Commission O

following Co

finalized C

Employee Acc

Position Clas

Probation Upo

or Manageria

Administrative 

109 Guidelines 

Employees Dur

Order 64 

Commission 

Commission O

Transfer Progr

Awards Com

Program and 

Management

Completed a r

positions in 

Recognition S

recommendatio

formulate de

Commissionw

system by virtu

official defini

Implemented 

Comparability 

for New York 

SES pay rates 

pay system
Worked to identify 

the Commission ss

and PMRS m

responsibility for 

program was trans

Bureau Director s

Conducted natio

investigators tra

candidates an a

telecommunication

Coordinated with t

to conclude Advis

return detailed em

Maintained the Cos

all agencies in 

targeted disabilitie

to clerical employ

York Florida and 

Administered a 

Program in coo

Columbia Govern

Monitored employe

Washington New 

Los Angeles advis

services provided 

distributed a 

newsletter to all e

Conducted a He

Thrift Savings Pl

Annual Employee 
Book Health 

at no charg

Continued 

responsibilit

and perform

grade incre

discipline a

performance 

closely with 

that employ

accorded th

cases were s

Continued t

Leave Trans

employees to 

recipients wh

financial ha

is Charged S

Management 

milestones 

concerning m

appraisals a

and required 

progress revi

Conducted t

incentive awa

Issued decis

sensitive clas
c

Future Plans

During 1993 the O

Commission on all major 

maintenance of a progress

within the Commission M

include continuing revis

program plans published 

implementation of the Cs

Program

AP

0

0

a

n

U

0

1

1051 NU zp of

o U C V yV 0 n

14 r C n

0 N OoX

AP

ORGAN

0 

O 3 

WN 

N 

w

p 

w F
Formal Proceedings

AP

COMMISS

F

Decisions 

Discontinuances D

Initial Decisions Not 

Rulemakings Final R

Total 

Special Dockets 

Informal Dockets 

Oral Arguments 
APP

CARRIER AGREEME

Fisca

Carrier Agreements Filed in FY 19

including modifications

Foreign and Domestic Com

Agreements Processing Categories 

FortyFive Day Review

Shortened Review 

ExemptEffective Upon Filin

Rejection of Filing

Formal Extension of Review 

Approved Under Shipping A

Cartier Reports Submitted for C

Shippers Requests Com

Minutes of Meetings

Operating and Ad Hoc Re

Index of Documents

Carrier Agreements on File as of 

Conference

Interconference

Pooling Equal Access

Joint Service 

Sailing Charter

Cooperative Working Age

Terminal Agreements Received in

On Hand 1091 

On Hand 1092 

Includes Terminal Agreements 
APP

TARIFF AND TERM

FISCA

Tariff Filings Pages

Foreign Filings 

Domestic Filings 

Terminal Filings 

TOTAL

Tariff Publications

Foreign On Hand 

On Hand 

Domestic On Hand 

On Hand 

Terminals On Hand 

On Hand 

Special Permission Applications

Total Received Foreign 

Granted 

Denied 

Withdrawn 

Total Received Domestic 

Granted 

Denied 

Withdrawn 

Domestic Investigation and Suspen

Completed 

Pending 

Service Contracts Filed 
APPEN

CIVIL PENALTIE

Fiscal Y

Costa

is Company

spa 

Hellenic Company 

Igari Company Ltd 

Kasho Company 

LEP International Inc 

Meyer Corp Le Cook 

Mikasa Corporation 

Milky Way Intl 

New Bright Industrial 

Nozaki America Inc 

Pacific Champion Service 

Rocheux International 

Roland Corporation US 

Royal Caribbean Cruises 

Transworld Freight System 

Trifair International 

Utoku Express USA Inc

Welgrow International

Total Civil Penalties Collected
A

INV

F

Investigative Cases O

Investigative Cases Co

Reports of Invest

Enforcement Rep

Reports Referred for A
APPROPRIATIONS

APPE

STATEMENT OF 

OBLIGATIONS 

THE FISCA

SEPTEM

Public Law 102140 approved No

of the Federal Maritime Commis

Merchant Marine Act of 1936 as 

services as authorized by 5 USC

authorized by 31 USC1343 b 

authorized by 5 USC5901 5902 

be available for official reception 

OBLIGATIONS AND UNO

Net obligations for salaries a

September 30 1992 

STATEMENT OF RECEIPT

the Treasury for the Fiscal Year E

Publications and reproductions

Fees and Vessel Certification

and Freight Forwarder Appli

ATFI Program 

Fines and penalties 

Total general fund receipts