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Other sizes available Call or write for complete list Exploration, Inc. 3121 S W Moody Ave Portland, Oregon 97201 Toll free number: 1-800-547-9259 Oregon inquiries: 228-8691 Ask for Ace Logan or Darrel Watson MarAd Approves Crowley Acquisition Of Delta Steamship Stock For $96 Million The Maritime Subsidy Board and the Maritime Administrator recently approved applications under which Crowley Maritime International, Inc., a subsidiary of Crowley Maritime Corp., will acquire all stock in Delta Steamship Lines, Inc., from Holiday Inns, Inc., for $96 million. Approval of the sale/purchase agreement, along with certain approval requested by Crowley under section 805(a) of the Mer- chant Marine Act of 1936, as amended, are subject to review by the Secretary of Trans- portation. The actions of the board and the admin- istrator (dated Dec. 21, 1982) also require that Crowley and Delta unqualifiedly accept 11 conditions outlined in a board/adminis- trator order dated December 13, which, among other things, terminated from con- sideration Crowley's application for certain section 805(a) written permission in the event Crowley acquires all outstanding stock of Delta and Delta continues under its two present operating-differential sub- sidy contracts. Section 805(a) prohibits subsidized oper- ators and their affiliates from participating in domestic shipping activities without writ- ten permission from MarAd. Crowley oper- ates vessels in the domestic trades. In granting section 805(a) written per- mission, the administrator noted that, be- cause of the overall scope of Crowley's pres- ent operations, there is considerable shift- ing of its vessels to accommodate changing trade requirements, and operating flexibility is needed. For that reason, he said, efforts had been made to strike a balance among all interests concerned. Persuant to section 805(a), the administrator granted Delta written permission for Crowley, its subsid- iaries and affiliated or associated companies to own, operate, or charter: • up to a total of 160 tugs in the domestic trade. • no more than the number of its exist- ing tug/supply vessels or crewboats in the domestic trade so long as they are operated in oil exploration or drilling industry. • fifteen passenger vessels in the Califor- nia domestic service so long as the vessels do not exceed a capacity of 5,400 passengers. • up to a total of 175 barges in the trans- port of cargoes within and between the fol- lowing U.S. coastal areas with free inter- change of vessels among those areas, and with the maximum number and capacity of vessels employed in the areas at any one time to be: No. of Vessels Capacity Columbia River barges 28 74,000 S/T US Pacific-Hawaii dry barges 6 60,100 S/T US Atlantic-US Gulf-Puerto Rico dry barges 11 41,500 S/T tank barges 6 666,000 bbls Ro/Ro barges 18 4,050 trailers US Pacific-Alaska rail car barges 8 396 rail cars dry barges 81 525,050 S/T tank barges 7 340,300 bbls US Pacific dry barges 12 8,800 S/T tank barges 8 545,000 bbls Under the 805(a) permission, Crowley, et al, may operate any of its U.S.-flag ves- sels which are no larger than any of its existing vessels in the transport of cargoes within and between any U.S. coastal area not indicated above on 10 voyages annually. It also permits officers, directors, and executives of Crowley to be officers, direc- tors, and executives of Delta and directly or indirectly own a pecuniary interest in Crowley, its subsidiaries and affiliated or associated companies. MarAd also noted that Crowley will dispose of its interest in Naviera Central and transfer a Panamanian- flag barge to the U.S.-flag. The conditions to which Crowley and Delta had agreed as outlined in the board/ administrator order of December 13 included the following: 1. Crowley does not request written per- mission under section 805(a) for any vessel owned by Delta to operate in any domestic trade whether exclusively in a domestic trade or part of a foreign trade voyage, whether owned by Delta or transferred by charter or otherwise to any other Crowley affiliate. 2. The domestic trade covenants set forth in Crowley's proposed Agreement Termi- nating Operating-Differential Subsidy Agree- ments by letter of November 8, 1982, shall remain in effect for five years from the closing. 3. Crowley agrees to be bound by all of the provisions of Delta's subsidy agreements and of the 1936 act applicable thereto and the rules and regulations prescribed pur- suant to the act. 4. Crowley shall keep the Capital Con- struction Funds (CCFs) of Delta and Crow- ley separate and shall not use any such Delta funds for any purpose related to the domestic trade. 5. Crowley is not now applying to increase Delta subsidized service, and in the future will not increase any subsidized service with- out applying for approval for same under section 605(c) of the 1936 act. 6. Crowley will dispose of its foreign-flag interest in Naviera Central prior to acquir- ing all the outstanding stock of Delta, but in any event no later than February 1, 1983. 7. Crowley will comply with all current collective bargaining agreements to which Delta is a party. 8. Crowley will continue current union representation of Delta employees during the term of existing ODS agreements. 9. Crowley will maintain all pension and fringe benefits to Delta employees at levels required under existing collective bargaining agreements. 10. Crowley will not transfer equipment from Delta to another subsidiary or affiliate of Crowley for the purpose or with the effect of taking any action directly or indirectly to disrupt existing collective bargaining ar- rangements with Delta employees, lessen the level of employment of American-citizen sea- going personnel, or to reduce the level of pension contributions or fringe benefits to such personnel. 11. Neither Crowley nor Delta shall sell, scrap, assign, or otherwise directly or in- directly, transfer outside of Crowley, or per- manently or for a substantial time period discontinue operation of any Delta subsi- dized vessel without the prior written ap- proval of the administrator and board; no- tice shall be published of any such applica- tion and interested persons shall be afforded a reasonable time period to comment on such application. In conjunction with the December 21 ac- tion approving the stock transfer, the board and the administrator denied petitions by two maritime unions to reopen the Crowley/ Delta proceedings. 42 Write 580 on Reader Service Card Maritime Reporter/Engineering News