[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Page 51082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18727]


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FEDERAL MARITIME COMMISSION

[Docket No. 04-09]


American Warehousing of New York, Inc. v. the Port Authority of 
New York and New Jersey; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by American 
Warehousing of New York, Inc. (``Complainant'') against The Port 
Authority of New York and New Jersey (``Respondent''). Complainant 
contends that Respondent violated sections 10(d)(3) \1\, and 10(d)(4) 
of the Shipping Act of 1984, U.S.C. app. section 1709(d)(3) and 
1709(d)(4), respectively. Specifically, the Complainant alleges that 
the Respondent has unreasonably refused to deal with Complainant and 
shown unreasonable prejudice against the Complainant by refusing to 
negotiate in good faith a long-term extension or renewal of their 
Marine Terminal Lease Agreement (``Agreement of Lease''). As a direct 
result of these allegations, Complainant claims that it has suffered 
and will continue to suffer substantial ongoing economic damages and 
injury. Complainant seeks an order directing Respondent to cease all 
actions to terminate Complainant's leasehold relationship with 
Respondent; recommence discussions with the Complainant in good faith 
for a long-term extension of the Agreement of Lease similar to those 
entered into by Respondent for its other terminals; establish and put 
in force such practices as the Commission determines to be reasonable; 
pay reparations in an amount yet to be determined but exceeding 
$15,000,000.00 per year, including interest and attorney fees or any 
other damages to be determined; and take any other such action or 
provide any other such relief as the Commission determines to be 
warranted.
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    \1\ Complainant references section 10(d)(3) of the Shipping Act 
of 1984, 46 U.S.C. app. section 1709(d)(3), which applies sections 
10(b)(10) and 10(b)(13) to marine terminal operators.
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    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon showing that there are genuine issues 
of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by August 11, 
2005 and a final decision of the Commission shall be issued by December 
9, 2005.

Karen Gregory,
Assistant Secretary.
[FR Doc. 04-18727 Filed 8-16-04; 8:45 am]
BILLING CODE 6730-01-P