[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Page 36939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12640]


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FEDERAL MARITIME COMMISSION

[Docket No. 05-03]


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 has violated, and continues to violate 
sections 10(d)(1), 10(d)(3) 10(d)(4), 10(b)(10) and 10(b)(13) of the 
Act, 46 U.S.C. App. 1709(d)(1), 1709(d)(3), 1709(b)(4), 1709(b)(10) and 
1709(b)(13), respectively. Specifically, the Complainant alleges that 
the Respondent has not provided any material or reasonable 
justification for its actions (i) in hampering operations at American 
Warehousing, (ii) delaying and/or denying berths to ships at American 
Warehousing, (iii) in its campaign to convince American Warehousing 
clients to take their business elsewhere, and (iv) its attempts to 
double the rent at Pier 7, and (v) engaging in various discriminatory, 
retaliatory or irrational behavior. As a direct result of these 
allegations, Complainant claims that Respondent's actions have given 
American Warehousing's competitors in other terminals and geographic 
locations an unfair advantage in that they are able to conduct business 
in the New York-New Jersey area more efficiently because the Respondent 
is not harassing them or their clients. Complainant seeks an order 
directing Respondent to cease all actions to terminate Complainant's 
leasehold relationship with Respondent; cease all actions designed to 
harass, intimidate and delay the operations of the Complainant; 
establish and put in force such practices as the Commission determines 
to be lawful and reasonable; provide other relief the Commission may 
determine to be proper as reward or reparation; and take any other 
action the Commission determines to be appropriate.
    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 proper 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 June 21, 
2006, and the final decision of the Commission shall be issued by 
October 19, 2006.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 05-12640 Filed 6-24-05; 8:45 am]
BILLING CODE 6730-01-P