Full Volume 19 - Federal Maritime Commission

508 FEDERAL MAlUTIMECOMMISSION
on the part of Matson because of its refusal to tile appropriate military
class rates are unsupported in this record MSC has failed to establish
that Matson s present rate structure is unreasonable as applied to MSC
vis a vis other shippers Similarly MSC srequest that container rates for
military cargo be established at alevel that will provide MatSon a return
equivalent to the fully allocated costs of transporting those classes of
cargo plus an appropriate return on its investment in the trade would to
the extent that such a standard is not applied to commercial shipments
put MSC in a preferred class This would establish aspecial class of rates
applicable only to military cargoes and without additional justificatilJn
would clearly be contrary to the intent of Congress in repealing section 6
of the Intercoastal Shipping Act of 1933
THEREFORE IT IS ORDERED That MSC s appeal of the Presiding
Officer s ruling on dismissal is denied and the proceedings in Docket Nos
754 and 755 are hereby dismissed 6
By the Commission
8 JOSEPH C POLKINO
Acting Secretary
6
Tbe various motions to dismiss now before us weto made at the oolulloo of MSC CaIe in Docket 754and
Docket No 75 except for thereceipt of certain expert evidencefODcerniqthe level of clu8 rates requested under
Docket No 7 which was postponed by aareoment andconllnt Such evidence is now lrrelevarit however in vIew
of Ollr findlna that the record does not support the establishment of any class rates
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