Full Volume 19 - Federal Maritime Commission

502 FEDERAL MARITIME COMMISSION
Thus there is a critical difference between the pertinent facts of
Agreement No 57 JJ6 and the present proceeding on the one hand and
Hong Kong Tonnage Ceiling on the other In the latter proceeding
Hong Kong withdrawal of an original party prior to Commission
approval vitiated the aareement In the former proceeding fttgreement
No 57 J6 the entry of a new conference member did not abrogate the
previously unanimous conference filing That result is clearly controlling
here Accordingly we find that the Presiding Officer erred in ruling that
no agreement existed on which he and the Commission could act
While we disagree with the Presidina Officer s reasons for discontinuing
the proceeding we nevertheless concur in such discontinuance albeit on
other grounds As previously noted no party to this proceeding including
AGIIC the proponent ofthe agreements filed exceptions to the Presiding
Officer s ruling that there was no valid aareement before the Commission
We consider this failure to except to the Presiding Officer s ruling
tantamount to acquiescence in that decision and construeit as an effective
withdrawal of these agreements from the Commission s consideration 4
THEREFORE IT IS ORDERED That this proceeding is discontinued
By the Commission
S JOSEPH C PoLKINO
Acting Secretary
4 Soe S abo rd and Western Air Mall AUlhorl atlon 29 CAB 49 19j9 where theCivU Aeronautics Board held
that the ailure of aparty to except to an examinen deciaJon is tantamount to acquitlOOnco in that decilion
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