18.10.2013 Views

Full Volume 19 - Federal Maritime Commission

Full Volume 19 - Federal Maritime Commission

Full Volume 19 - Federal Maritime Commission

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

630 FEDERAL MARITIME COMMISSION<br />

categories 1 those advocating free or reduced rates for GSA and 2<br />

those suggesting minimum fee charged GSA A discussion of each<br />

follows<br />

1 Free or reduced rates<br />

GSA suggests that section 510 24 b be amended to allow GSA to<br />

obtain forwarding services free of charge or at reduced rates The<br />

justification offered for this amendment is that GSA is unique as a<br />

shipper is not competitive with commercial shippers and that the nature<br />

of its cargo and programs make its shipments indistinguishable from those<br />

of charity or relief organizations which under section 510 24 b are<br />

allowed free or reduced forwarding fees We cannot subscribe to this<br />

proposal<br />

The feeling of the Committee on Merchant Marine and Fisheries as<br />

expressed in its Report on the bill which ultimately added section 44 to<br />

the Shipping Act <strong>19</strong>16 was that<br />

services which have been performed by forwarders for shippers should be<br />

compensated for by the shippers and that where brokerage fees have been earned by the<br />

forwarders or brokers then the carriers in turn should paY for these services at the<br />

historical rate Both the carrier and the shipper should be expected to pay and the<br />

charge to each by the forwarders should be the reasonable value of the forwarder s<br />

service to each Emphasis added House Report No 1096 accompanying H R 2488<br />

87th Cong 1st Sess p 3<br />

There is nothing in the Act or its legislative history to support the<br />

conclusion that Government agencies are to be given preferred treatment<br />

on forwarding services If GSA must pay the same terminal and ocean<br />

transportation charges as do commercial shippers we see no reason why<br />

GSA should acquire a preferred status in regards to forwarding services<br />

Any amendment to section 51O 24b which would place GSA shipments<br />

in the same category as relief and charitable agencies 17 would in effect<br />

permit forwarders of GSA shipments to rely on brokerage from ocean<br />

carriers to cover the costs of processing such shipments This would be<br />

clearly inconsistent with the intent of Congress expressed above<br />

Nor are we prepared at least at this time to exempt under section 35 of<br />

the Act shipments of the civilian executive agencies of the U S<br />

Government from the application of the provisions of the Shipping Act<br />

<strong>19</strong>16 However we will continue to review this matter to determine the<br />

future feasibility ofthe requested exemption<br />

2 Minimum fee charged GSA<br />

There have also been suggested to us three approaches for making<br />

GSA bids compensatory<br />

Hearing Counsel s proposal would establish a unit cost for GSA<br />

forwarding services by looking to the ratio of the commercial forwarding<br />

fees charged by the licensee in the previous year to the total revenue as a<br />

11 We intend to review theexemption for relief and charitable aaeneies in section lO 24b to determine whether it<br />

continues to be proper or lawful with the repeal of section 6 of the Intercoastal Shippina Act <strong>19</strong>33<br />

<strong>19</strong> F M C

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!