Alaska Steamship Company, a Corporation v. Federal Maritime Commission and United States of America

Before us for decision is a petition by the above named petitioner for a review of certain orders of the Federal Maritime Commission. This court has jurisdiction to review such orders pursuant to the provisions of the Hobbs Act, Title 5 U.S.C. §§ 1037 and 1039, and the Administrative Procedure Act, Title 5 U.S. C. § 1009.

The petitioner serves all of the areas of the State of Alaska as a common carrier by water and from the Port of Seattle on the one hand and various ports and places in Alaska on the other. As such common carrier it is subject to the regulatory jurisdiction of the respondent Commission.

In late February and early March, 1966, petitioner filed tariff schedules with the Commission naming increased rates and charges in connection with its service in the Southeastern and the Peninsula and Bering Sea areas of Alaska, some of them to be effective on April 1, 1966, and the remainder on April 8, 1966. Provisions for the filing of such proposed new rates or tariff schedules are found in § 3 of the Intercoastal Shipping Act (1933) 46 U.S.C. § 845 . The provisions of that section are set forth in the margin. It will be noted that that section refers to the filing of new…