Full Volume 19 - Federal Maritime Commission

304
FEDERAL MARITIME COMMISSION
existed with regard to minibridge service can be expected
interior intermodal if it is not placed
to arise in
under conference
Interior intermodal presents an equal if not greater threat to stability
than does minibridge if only because the volume of cargo potentially
available in intermodal operations from the industrial heartland of the
United States exceeds the volume involved in minibridge Likewise the
multiplicity of tariffs can be expected to present even greater difficulties
than did with regards to minibridge because of the number of tariffs
involved Under the circumstances we see n9 reason or regulatory
pu
se to be served by limiting the Conference s intermodal authority to
mimbridge 16 Accordingly the approval granted herein extends to interior
intermodal as weH
The Administrative Law Judge faults the Conference for not having
taken even preliminary steps leading to implementation of an interior
intermodal tariff under the authority it now seeks To the extent that we
understand this objection we find it to be self defeating How could PWC
be expected to legally implement authority it did not have but now
requests Indeed if the Conference had taken the steps suggested by
the Presiding Officer it could be held to a violation of section 15 for
carrying out an unliled and unapproved section 15 agreement
While the Administrative Law Judge himself concedes that the Confer
ence s failure to take the preliminary steps referred to above does not
per se preclude the Commission from approving such authority he
found that it did
raise serious questions as to whether such authority if unexercised will seriously
inhibit the arowth and development of intermodal transportat on
which this Commission enCO ll ll8es
thu frustratina a oaI
This statement was based in large measure on the fact that unlike
minibridge Agreement No 5796 as submitted does not permit interim
individqal tariffs
We share in the Presiding Officer s concernthat failure of PWC to
expeditiously publish an interior intermod9J tariff could deprive the
shipping public of benefits which it might otherwise receive if a member
line published an intermodal tariff Accordingly and lonsistent with
established Commission policy we are requiring as acondition to the
approval ofAgreement No 57 96 that it bemodmed to permit PWC
member lines to individually offer interniodal service not only as to
minibridge but as to interior intermodal as well until such time as the
Conference implements the authority granted it by the filin ofappro tariffs This requirement should obviate the problem that the Presiding
16 Nor do wereally aee Bny purpose orreason to eYen diltlnaul1h between minibridle and interior intennodat They
are after all both throuah intermodallervicu whil hdiffttr ly In terma of distance Aa IUQb we ablolutelyfaU to
find any sianlflcance to the distlnction that Hearina Counael would draw here
te
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