[Federal Register Volume 71, Number 212 (Thursday, November 2, 2006)]
[Notices]
[Pages 64525-64526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18455]


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FEDERAL MARITIME COMMISSION

[Docket No. 06-10]


Transport Express, Inc. and the Intermodal Carriers Conference, 
American Trucking Associations v. Sinotrans Container Lines, Co., Ltd. 
and Sinotrans Shipping Agency (NA), Inc.; Notice and Procedural 
Schedule

    Notice is given that a Complaint, Memorandum Facts and Arguments, 
and a Motion for Protective Order have been filed with the Federal 
Maritime Commission (``Commission'') by Transport Express, Inc. and the 
Intermodal Motor Carriers Conference of the American Trucking 
Associations (``Complainants''), against Sinotrans Container Lines, Co. 
Ltd. and Sinotrans Shipping Agency (NA), Inc., (``Respondents''). In 
its Complaint and Memorandum of Facts and Arguments, Transport Express, 
Inc., asserts that it is a California corporation and a certified motor 
carrier under the laws of California. Intermodal Motor Carriers 
Conference asserts that it is an affiliated conference of the American 
Trucking Associations, Inc. (``ATA''), which is a non-profit trade 
organization for the trucking industry. Complainants allege that 
Respondent Sinotrans Container Lines is a vessel-owning ocean common 
carrier and is affiliated with the U.S. based Respondent, Sinotrans 
Shipping Agency. Complainants contend that both they and Respondents 
are participants in the Uniform Intermodal Interchange and Facilities 
Access Agreement (``UIIA'') which is administered by the Intermodal 
Association of North America (``IANA''). Complainants assert that 
Respondents terminated Complainant Transport Express' UIIA motor 
carrier agreement in retaliation for a dispute over whether returned 
equipment had been damaged by Transport Express and related invoiced 
charges. In addition, Complainants allege that Respondents took actions 
and made misrepresentations that directly interfered with Transport 
Express' business relations with one of its customers and another motor 
carrier resulting in loss of business and damage to their reputation. 
Complainants contend that the actions of Respondents violate 10(b)(10) 
and 10(d)(1) of the Shipping Act of 1984 (``The Act'') (46 U.S.C. 
41104.10 and 41102(c)) by unreasonably refusing to deal and not 
observing just and reasonable practices.\1\ Complainant prays the 
Commission: (a) Find that Respondents violated 10(b)(10) and 10(d)(1) 
of the Act; (b) direct Respondents to reinstate Complainant's 
interchange rights; (c) prohibit Respondents from terminating any 
agreement with any motor carrier in response to an assertion by that 
carrier of any right or defense the motor carrier may have as a party 
to the UIIA; (d) award Complainants $2,102.00 in damages, plus 
interest, plus attorneys fees, plus any other sum the Commission deems 
appropriate, and that any further order or orders be made as the 
Commission determines to be proper.
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    \1\ Citations to provision of the Shipping Act are as recodified 
into subtitle IV of U.S. Code Title 46, as enacted into positive law 
by Public Law 109-304 (October 6, 2006). See Public Law 109-304, 
section 18(c).
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    As indicated above the Complainants have also filed a Motion for 
Protective Order with respect to portions of

[[Page 64526]]

Exhibits X and Y to Complainants' Memorandum of Fact and Arguments.\2\ 
Respondents shall file their response to the Complainants' Motion for 
Protective Order no later than November 13, 2006 (See 46 CFR 502.74). 
Respondents shall also advise whether they consent to this Complaint 
being processed under the shortened procedures of Subpart K (See 46 CFR 
502.181-187). Should Respondents consent to the shortened procedure, 
Respondents' Answering Memorandum shall be served no later than twenty-
five (25) days after the Administrative Law Judge issues his ruling on 
Complainants' Motion for Protective Order (See 46 CFR 502.183). Should 
Respondents not consent to the shortened procedure, Respondent shall 
file an answer to the Complaint pursuant to the Commission's Rules of 
Practice and Procedure, within twenty (20) days of the Administrative 
Law Judge's ruling on the Complainants' Motion for Protective Order 
(See 46 CFR 502.64).
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    \2\ As required by the Commission's Rules, Complainants also 
filed a ``Public'' redacted version of the Memorandum of Facts and 
Arguments which is being provided to the Respondents. The 
Confidential version may be made available pursuant to the 
Administrative Law Judges ruling on the Motion for Protective Order.
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    This proceeding has been assigned to the Office of the 
Administrative Law Judges. Complainants have requested that their 
complaint be handled Pursuant to Subpart K--Shortened Procedure of the 
Commission's Rules (46 CFR 502.181-187). With the consent of the 
parties and with the approval of the presiding officer, this proceeding 
may be conducted under the shortened procedure without oral hearing, 
except that a hearing may be ordered by the presiding officer at the 
request of either party to the proceeding or at the presiding officer's 
discretion. If Respondents do not consent to this shortened procedure, 
the matter will be governed by Subpart E of the Commission's Rules. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by March 27, 
2007, and the final decision of the Commission shall be issued by June 
22, 2007.\3\
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    \3\ Should this proceeding not be conducted pursuant to Subpart 
K, these dates will be adjusted.

Bryant L. VanBrakle,
Secretary.
[FR Doc. E6-18455 Filed 11-1-06; 8:45 am]
BILLING CODE 6730-01-P