[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Pages 32820-32821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15350]


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FEDERAL MARITIME COMMISSION

[Docket No. 01-06]


Exclusive Tug Franchises---Marine Terminal Operators Serving the 
Lower Mississippi River; Order to Show Cause

    Notice is given that, on June 11, 2001, the Federal Maritime 
Commission (``Commission'') served a Show Cause Order concerning 
exclusive tug franchises on the Lower Mississippi River. The Order 
directed certain marine terminal operators to show cause why: (1) their 
exclusive arrangements

[[Page 32821]]

with certain tug companies are not unreasonable practices in violation 
of section 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. app. 
1709(d)(1), and/or result in undue or unreasonable preference or 
advantage or unreasonable prejudice or disadvantage in violation of 
section 10(d)(4) of the Shipping Act of 1984, 46 U.S.C. app. 
1709(d)(4); and (2) the Commission should not order them to cease and 
desist from operating under these exclusive tug assist service 
arrangements, including publication of any terminal tariff or schedule 
which attempts to enforce or implement any provision related to the 
provision of such tug services.
    The full text of the Order may be viewed on the Commission's home 
page at www.fmc.gov, or at the Office of the Secretary, Room 1046, 800 
N. Capitol Street, NW, Washington, DC.
    The Order names the following as respondents (``Respondents''):

ADM/Growmark River Systems, Inc.
Bunge Corporation
Cargill, Incorporated
Cenex Harvest States Cooperatives
CGB Bouys
Gulf Elevator & Transfer Co.
International Marine Terminals
L&L Fleeting, Inc.
Ormet Primary Aluminum Corporation
Peavey Company
St. James Stevedoring Co., Inc.
Zen-Noh Grain Corporation

The Commission's Bureau of Enforcement (``BOE'') has also been made a 
party to this proceeding.
    The Order provides that the proceeding is limited to the submission 
of affidavits of facts and memoranda of law. Persons having an interest 
and desiring to intervene in the proceeding (``Intervenors'') must file 
a petition for leave to intervene in accordance with Rule 72 of the 
Commission's Rules of Practice and Procedure, 46 CFR Sec. 502.72. 
Intervenors' petitions must be accompanied by memoranda of law and 
affidavits of fact, if any, and shall be filed pursuant to the 
following schedule:
    --Affidavits of fact and memoranda of law filed by Respondents and 
any Intervenors in support of Respondents must be filed no later than 
July 18, 2001.
    --Reply affidavits and memoranda of law must be filed by BOE and 
Intervenors in opposition to Respondents no later than August 17, 2001.
    --Rebuttal affidavits and memoranda of law must be filed by 
Respondents and Intervenors in support of Respondents no later than 
September 17, 2001.
    Requests for evidentiary hearing or oral argument must be filed no 
later than September 17, 2001. Such a request must set forth in detail 
the facts to be proved, the relevance of those facts to the issues in 
this proceeding, a description of the evidence which would be adduced, 
and why such evidence cannot be submitted by affidavit and/or explain 
why argument by memorandum is inadequate to present the party's case.
    Documents submitted in this proceeding must be filed in accordance 
with Rule 118 of the Commission's Rules of Practice and Procedure, 46 
CFR 502.118, and mailed directly to all parties of record. Pursuant to 
the terms of Rule 61 of the Commission's Rules of Practice and 
Procedure, 46 CFR 502.61, the Commission's final decision in this 
proceeding will be issued by March 18, 2002.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 01-15350 Filed 6-15-01; 8:45 am]
BILLING CODE 6730-01-P