Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge:
This case presents the question whether the Federal Maritime Commission (FMC) correctly determined, on the basis of conduct demonstrated to have occurred on a single occasion, that petitioner Ship's Overseas Services, Inc. (SOS) operated as a "common carrier by water in foreign commerce" within the meaning of section 1 of the Shipping Act of 1916, 46 U.S.C. § 801,
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