(Numbers in parentheses following citations indicate pages on which the
particular subjects are considered]
ABSORPTIONS. See also Port Equalization.
Where member of conference absorbed discharging costs on two shipments,
contrary to conference regulations, and claimed this was due to a broker's error,
evidence that those shipments had previously been booked with another confer-
ence member, with a request for a reduction below conference rates, is not suf-
ficient to justify the conclusion that rebates or concessions had been granted
knowingly in violation of section 16-Second, where neither intent to grant a
lower rate nor a deliberate failure on the part of the carrier to keep itself in-
formed was shown. The evidence, however, was sufficient to support a finding
of violation of the conference agreement in absorbing discharging costs and in
failing properly to respond to the conference's request for information con-
cerning the shipments in question. Practices of Fabre Line and Gulf/Medi-
terranean Conference, 611 (637).
A carrier may absorb the difference between cost of inland transportation
to the port through which cargo would normally move and a similar cost to a
succeeding or preceding port of call where emergency situations require, pro-
vided the carrier normally calls at both of those ports. City of Portland v.
Pacific Westbound Conference, 664 (678).
ADMINISTRATIVE PROCEDURE ACT. See Agreements under Section 15;
Capital Necessarily Employed; Intercoastal Operations; Practice and Pro-
cedure; Subsidies, Operating-Differential.
ADMISSION TO CONFERENCE. See Agreements under Section 15; Sub-
AGENTS. See Intercoastal Operations (Sec. 805(a)); Section 804 Waivers.
AGREEMENTS UNDER SECTION 15. See also Absorptions ; Brokerage; Con-
tract Rates ; Port Equalization ; Rebates.
Although one court has said that the Board has authority to forbid parties
from acting under an agreement not approved, the Board will not decide the
question where a conference proposes to put into effect a dual-rate system under
an approved conference agreement, since section 15 of the Shipping Act gives
the Board authority to approve, disapprove, cancel, or modify agreements and
section 25 provides that the Board may reverse, suspend, or modify, upon such
notice and in such manner as it deems proper, any order made by it. Con-
tract Rates—North Atlantic Continental Freight Conference, 98 (104).
Under section 15, the Board has the broadest power to disapprove new or
existing agreements. The Board's power to approve, disapprove, cancel, or
modify an agreement between carriers is derived from section 15, as amplified