Full Volume 19 - Federal Maritime Commission

AGREEMENT NO 57 96 295
until such time as the PWC adopts and effectuates a tariff or tariffs
which includes such traffic at which time the individual tariffs must be
cancelled unless by the Conference action required to adopt or amend
tariffs such individual intermodal tariffs or parts thereof are permitted to
remain in effect and d subject the individual intermodal tariffs to all
applicable provisions of this Agreement No 57 as amended the
Appendix thereto the Conference Administrative Regulations and Rules
and Conditions
THE INITIAL DECISION
The Initial Decision rendered by Administrative Law Judge Stanley M
Levy would withhold approval of Agreement No 57 96 on the grounds
that 1 the record fails to demonstrate any transportation need for the
intermodal authority granted therein to the PWC and 2 the public
interest does not require approval of such agreement at this time It
recommends that the proceeding not be discontinued but rather that
jurisdiction be retained so that the Commission may act expeditiously if
there is brought to the Commission s attention evidence demonstrating
that there is a transportation need for such conference authority and that
the grant of such authority would not be contrary to the public interest
On other issues raised in the Commission s Order instituting this
proceeding Judge Levy ultimately concludes that
No modification of Agreement No 57 96 is warranted nor could it be permitted in
order to prohibit the application of self policing procedures to independent intermodal
tariffs published by any member of PWC
Agreement No 57 should not be modified to restrict the rights of members to vote on
matters relating to intermodal traffic and tariffs
DISCUSSION AND CONCLUSIONS
Exceptions to the Administrative Law Judge s Initial Decision have been filed by
PWC FEC and Hearing Counsel Replies to exceptions have been filed by PWC FEC
Seatrain and Hearing Counsel
Generally speaking PWC challenges Judge Levy s ultimate conclusion that Agreement
No 57 96 should not be approved In so doing PWC has taken exception to virtually
every conclusion of law and finding of fact leading to the Presiding Officer s ultimate
conclusion
FEC largely duplicates the exception of PWC with regard to the burden ofjustifying inland intermodal authority In addition FEC reargues the contention that it rather than
PWC should be given authority over minibridge
Seatrain strongly supports Judge Levy s Initial Decision as being fully supported by
substantial reliable and probative evidence in the record and urges the Commission to
adopt it as its own In so doing Seatrain would reject every exception which directly or
indirectly supports the approval of Agreement No 57 96
While Hearing Counsel believe that Judge Levy has applied the correct standards to
determine the approvability of the Agreement they disagree with the ultimate conclusion
reached They submit that the evidence of record supports the approval of Agreement
No 57 96 with certain limitations
For reasons set forth below we are approving Agreement No 57 96 granting PWC
authority over intermodal tariffs for a period of 18 months without prejudice to a timely
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