North Atlantic Westbound Freight Ass'n v. Federal Maritime Commission
North Atlantic Westbound Freight Ass'n v. Federal Maritime Commission
Opinion of the Court
This is a petition for review of Federal Maritime Commission orders accepting for filing certain “through inter-modal container freight tariffs” submitted by Container Marine Lines (CML).
The challenged tariff incorporates a single-factor rate for containerized transport from inland points in Great Britain and Eire to United States Atlantic ports with CML assuming common carrier liability for both the land and water segments. The Commission held the NAWFA Conference agreement applicable only to port-to-port carriage and CML’s through intermodal carriage with complete liability a unique and distinct service not contemplated by the Conference agreement. This service, since not' within the agreement, would not have to
The Commission thought a full evidentiary hearing unnecessary; rather, emphasizing the need for a prompt determination, it limited the proceedings to memoranda, affidavits, and oral argument. We are not required at this time to pass on the merits before us, including the procedural issue whether the Commission was required to hold an evidentiary hearing, for we think it is in the interest of justice to grant the Commission’s application that we enter an appropriate order permitting the Commission to consider the matter further.
In remanding we assume the Commission will analyze the problems which have given this court concern — not only the construction and interpretation of the NAWFA Conference agreement and the significance of the factors which it determined made CML’s service unique and distinct, but also (assuming it adheres to the initial interpretation) the capacity of the Commission (a) to consider whether the over-water portion of CML’s rate differs from the NAWFA rate, and whether the difference, if any, is unreasonable, and/or reflects lack of bona fides in CML’s offering the single-factor rate while it continues as a member of the Conference, and (b) to provide effective relief in appropriate cases upon administrative consideration and informal investigation in the absence of formal hearing and order.
The renewed motion for stay is denied, with leave to resubmit upon a proper showing if petitioner be so advised, for the reasons set forth in our opinion dated May 16, 1968.
So ordered.
. CML is a member of the North Atlantic Westbound Freight Association and a division of Intervenor American Export Isbrandtsen Lines, Inc. On May 16, 1968, this court denied petitioner’s motion for stay of the Commission’s orders pending this court’s review. ISO U.S.App.D.C. 122, 397 F.2d 683 (1968).
. The Commission asserted in their application to this court that in the reopened proceeding it would consider, pursuant to §§ 14, 15, 16, 17, 18(b) and 22 of the Shipping Act of 1916, as amended—
(1) Whether CML has engaged or will engage in any activities unlawful under the above sections;
(2) Whether the arrangements of NAWFA and/or the North Atlantic United Kingdom Freight Conference (NAUK) and/or their operations thereunder have resulted or will result in unlawful activity under the above sections.
(3) Whether the dual rate contracts and/or section 814 agreements of NAWFA and/or NAUK should be disapproved, cancelled, or modified or permission withdrawn pursuant to sections 14 and/or 15.
. For the Commission’s authority to insist on information necessary for its effective functioning, or to take apropriate action in the event of a presentation that fails to include such information, see Calcutta East Coast of India and East Pakistan/USA Conference v. FMC, 130 U.S. App.D.C. 261, 399 F.2d 994, July 25, 1968.
Reference
- Full Case Name
- NORTH ATLANTIC WESTBOUND FREIGHT ASSOCIATION v. FEDERAL MARITIME COMMISSION and United States of America, American Export Isbrandtsen Lines, Inc., Intervenor
- Cited By
- 1 case
- Status
- Published