Full Volume 19 - Federal Maritime Commission

AGREEMENT NO 57 96
fded by Seatrain in which Hearing Counsel join requesting
307
us to strike
certain portions of PWC s Reply to Exceptions to wit pages 1016 as
being new material not actually constituting a reply to any matter
raised on exception
PWC in its reply to Seatrain s motion concedes that the matter referred
to does deal with new material but advises that this new material
relates entirely to two orders of the Commission which are issued
subsequent to the filing of PWC s reply brief PWC thus explains its
action as being merely calling the Commission s attention to its own
intervening
decisions 20
Whatever the reasons for PWC s introduction of the matters com
plained of it is clear that they do not respond to any thing raised in the
exceptions filed by either FEC or Hearing Counsel but rather merely
advance further arguments in support of PWC s own exceptions As such
the challenged matters constitute new material improperly introduced
which must be stricken from this record Accordingly we are granting
Seatrain s motion
ULTIMATE CONCLUSION
Upon the record herein and for reasons stated above it is concluded
this Commission that
by
1 Agreement No 57 96 granting the Pacific Westbound Conference
authority overintennodal rates is approved pursuant to section 15 of the
Shipping Act 1916 for a period of 18 months on the condition that such
Agreement be modified to permit member lines to individually offer
intermodal service not only as to minibridge but as to interior intermodal
as well until such time as the Conference implements the authority
granted it herein by the filing ofappropriate tariffs If amended as
provided herein Agreement No 57 will not be unjustly discriminatory
or unfair as between carriers shippers exporters importers or ports or
between exporters from the United States and their foreign competitors
or operate to the detriment of the commerce of the United States or be
contrary to the public interest or be in violation of the Shipping Act
1916
Approval of Agreement No 57 96 is further conditioned upon the
submission of the Agreement modified as required herein within 60 days
of the date ofthe Order attached hereto The effective date of this
approval shall be the date upon which the Commission shall receive such
modified Agreement
2 The self policing provisions of Agreement No 57 96 are applicable
to independent intennodal tariffs published by any member of PWC and
no modification of Agreement No 57 96 in this regard is warranted
20 While the concern which apparently motivated PWC to introduce the particular matters at issue here is
understandable we would point out that the Commission is perfectly well aware ofits own oroers and decisionsand need not have themspecifically called to its attention As precedent they will be duly considered whererelevant and
appropriate
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