[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34304-34305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13547]


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FEDERAL MARITIME COMMISSION

[Docket No. 08-03]


Maher Terminal, LLC, 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 with the Federal 
Maritime Commission (``Commission'') by Maher Terminal, LLC. 
Complainant asserts that it is a limited liability company registered 
in the State of Delaware with corporate offices and facilities located 
in Elizabeth, New Jersey. Complainant asserts that Respondent, The Port 
Authority of New York and New Jersey (``PANYNJ''), is a body corporate 
and politic created by Compact between the States of New York and New 
Jersey and with the consent of the Congress; has offices located in New 
York, New York; owns marine terminal facilities in the New York-New 
Jersey area, including in Elizabeth, New Jersey; and is a marine 
terminal operator within the meaning of the Shipping Act of 1984, as 
amended (``The Shipping Act''). See 46 U.S.C. 40102(14). Complainant 
contends that Respondent violated sections 41102(c) and 41106(2) and 
(3) of The Shipping Act, respectively, by: (1) Failing to establish, 
observe and enforce just and reasonable practices with respect to 
Complainant; (2) giving undue or unreasonable preference or advantage 
to APMT and imposing undue or unreasonable prejudice or disadvantage 
with respect to Complainant; and (3) unreasonably refusing to deal or 
negotiate with Complainant. 46 U.S.C. 41102(c), 41106(2)-(3).
    Specifically, Complainant alleges that Respondent's lease agreement 
EP-248 with APM Terminals North America, Inc., formerly known as Maersk 
Container Service Company, Inc. (``APMT''), grants to APMT unduly and 
unreasonably more favorable lease terms than Respondent provides to 
Complainant in lease agreement EP-249. These agreements, Complainant 
avers, are filed with the Commission as FMC Agreement Nos. 201106 and 
201131, respectively. Complainant contends that the lease terms which 
disadvantage Complainant include, but are not limited to, the annual 
rental rate per acre, investment requirements, throughput requirements, 
a first point of rest requirement for automobiles, and the security 
deposit requirement.
    Complainant asserts that it has sustained injuries and damages, as 
a result of Respondent's actions, including but not limited to higher 
rents, costs, and other undue and unreasonable payments and obligations

[[Page 34305]]

amounting to a sum of millions of dollars. Complainant requests that 
the Commission require Respondent to: (1) Answer the charges in the 
subject complaint; (2) cease and desist from the aforementioned 
violations of the Shipping Act; (3) provide to Complainant the 
preferences provided to APMT; (4) put in force such practices and as 
the Commission determines to be lawful and reasonable; and (5) pay to 
Complainant by way of reparations the amount of the actual injury, plus 
interest, cost and attorneys fees, and any other damages to be 
determined. Additionally, Complainant requests that the Commission 
order any such other relief as it determines 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 11, 
2009, and the final decision of the Commission shall be issued by 
October 9, 2009.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-13547 Filed 6-16-08; 8:45 am]
BILLING CODE 6730-01-P