[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5665-5666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1369]


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FEDERAL MARITIME COMMISSION

[Docket No. 06-02]


The Lake Charles Harbor and Terminal District v. West Cameron 
Port, Harbor and Terminal District; Notice of Filing of Complaint and 
Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by The Lake Charles Harbor and 
Terminal District (``Complainant''), against West Camden Port, Harbor, 
and Terminal District, (``Respondent''). Complainant asserts that it is 
a political subdivision of the State of Louisiana, a deep-water port 
authority which collects revenue from charges assessed against cargo 
and vessels using its facilities. Complainant alleges that Respondent 
is also a subdivision of the State of Louisiana and a port authority. 
Complainant

[[Page 5666]]

contends that Respondent has demanded wharfage charges from Cheniere 
LNG, Inc. (``Cheniere'') which do not bear a reasonable relationship to 
the services and facilities provided to those against whom the charges 
are assessed. Complainant further contends that these charges violate 
Section 10(d)(1) of the Shipping Act of 1984 (``The Act'') in that the 
Respondent failed to establish, observe, and enforce just and 
reasonable practices relating to the receiving, handing, storing, or 
delivering of property and is imposing undue or unreasonable prejudice 
or disadvantage with respect to Complainant. In addition, Complainant 
contends that Respondent violated Section 5(a) of the Act by not filing 
an agreement between Cheniere and Respondent with the FMC. Respondent 
prays for reparations in the amount of actual injury suffered by 
Complainant plus costs and reasonable attorney fees, an order directing 
Respondent to pay these reparations, an order directing Respondent to 
``cease and desist'' from violating 10(d)(1) of the Act by collecting 
wharfage and other fees not related to any services provided, an order 
directing Respondent to file with the FMC all agreements, and any such 
other relief as the Commission deems just and proper.
    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 January 29, 
2007, and the final decision of the Commission shall be issued by May 
29, 2007.

Bryant L. VanBrakle,
Secretary.
[FR Doc. E6-1369 Filed 2-1-06; 8:45 am]
BILLING CODE 6730-01-P