Totem Ocean Trailer Express, Inc. v. Federal Maritime Commission and United States of America
Opinion
Opinion
Farris, J.
Totem Ocean Trailer Express, Inc. (“TOTE”) is a common carrier by water operating between the States of Washington, Oregon and Alaska. TOTE petitioned the Federal Maritime Commission for an order declaring: in connection with motor-water through transportation of agricultural and other ICC-exempt commodities between Alaska and the lower 48 states, (a) joint through rates are impermissible, and (b) water carriers must file with the FMC their rates for the intercoas-tal portions of the transportation. The FMC denied the petition. TOTE seeks review under 28 U.S.C. § 2342 (1976).
ISSUES
Two issues are presented for our review:
We address the second issue first.
JURISDICTION OVER JOINT THROUGH RATES
The only language in the Inter-coastal Shipping Act helpful on this point appears in § 2:
46 U.S.C. § 844 (1976). The FMC has interpreted this language to mean that the FMC does not have jurisdiction over motor-water joint through rates. See Sea-Land Service, Inc. — Cancellation of Rates, 11 F.M.C. 137, 142 n.6 (1967), rev’d on other grounds sub nom. Sea-Land Service, Inc. v. F.M.C., 404 F.2d 824 (D.C.Cir.1968). This interpretation of the Intercoastal Shipping Act by the agency…