[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Notices]
[Pages 6072-6073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1589]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 06-03]


Premier Automotive Serices, Inc. v. Robert L. Flanagan and F. 
Brooks Royster, III; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Premier Automotive Services, 
Inc., (``Complainant''), against Robert L. Flanagan and F. Brooks 
Royster, III, (``Respondents''). Complainant asserts that it is a 
Baltimore based import/export vehicle processing center that operates 
as a marine terminal operator under The Shipping Act of 1984 (``the 
Act''). Complainant contends that Respondent Robert L. Flanagan is the 
Secretary of the Department of Transportation of the State of Maryland 
and the Chairman of the Maryland Port Commission, and Respondent F. 
Brooks Royster, III, is the Executive Director of the Maryland Port 
Administration. Complainant asserts that it has been a tenant of the 
Maryland Port Authority (``MPA'') since 1992, renewing the lease once 
in 1998 and then leasing month-to-

[[Page 6073]]

month since 2002. The Complainant further contends the MPA has demanded 
that Complainant vacate the premises after refusing to negotiate a 
commercially reasonable lease. Complainant alleges that the MPA and its 
Directors have violated Section 10(d)(1) of the Act (46 U.S.C. App. 
1709(d)(1)) by failing to establish, observe, and enforce just and 
reasonable regulations and practices relating to or connected with 
receiving, handling, storing, or delivering property. In addition, 
Complainant alleges that Respondents violated Sections 10(d)(3) of the 
Act (46 USA App. Sec.  1709(d)(3)) by unreasonably refusing to deal 
with a tenant, and 10(d)(4) of the Act (46 U.S.C. App. 1709(d)(4)) by 
giving undue or unreasonable preference or advantage or imposing undue 
or unreasonable prejudice or disadvantage with respect to any person. 
Respondent asserts that the Commission has found that it might have 
jurisdiction to adjudicate a ``* * * privately-initiated complaint 
proceeding against the directors of a state-run port rather than 
against the port.'' Respondent prays that the Commission: seek a 
temporary restraining order and preliminary injunction enjoining the 
Respondents to cease their unlawful treatment of Complainant and from 
leasing the lot to another company; declare that the Respondents have 
violated the Act as detailed above and direct the Respondents to cease 
all such violations; direct Respondents to offer Complainant a 
commercially viable lease for the lot in question; award Complainant 
reparations for actual injuries, pre and post-judgment interest, and 
litigation and attorney fees; and award such other and further relief 
as deemed 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 31, 
2007, and the final decision of the Commission shall be issued by May 
31, 2007.

Bryant L. VanBrakle,
Secretary.
[FR Doc. E6-1589 Filed 2-3-06; 8:45 am]
BILLING CODE 6730-01-P