[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Notices]
[Page 73656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28637]


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FEDERAL MARITIME COMMISSION

[Petition No. P2-08]


Petition of APM Terminals Pacific Ltd., California United 
Terminals, Inc.; Eagle Marine Services, Ltd.; International 
Transportation Services, Inc.; Long Beach Container Terminal, Inc.; 
Seaside Transportation Service LLC; Total Terminals LLC; West Basin 
Container Terminal LLC; Pacific Maritime Services, LLC; SSA Terminal 
(Long Beach), LLC Trans Pacific Container Service Corporation; Yusen 
Terminals, Inc.; and SSA Terminals, LLC, (``Marine Terminal 
Operators''); and Portcheck LLC; Notice of Filing and Request for 
Comments

    This is to provide notice of filing and to invite comments on or 
before December 15, 2008, with regard to the Petition described below.
    The marine terminal operators as listed above and PortCheck LLC, 
parties to FMC Agreement No. 201199, the Port Fee Services Agreement 
(``Petitioners'') have petitioned the Commission pursuant to 46 CFR 
502.69 of the Commission's Rules of Practice and Procedure, for a 
review of a staff action taken concerning the effective date of 
Petitioners' agreement filed on November 3, 2008. In particular, 
Commission staff found that the agreement was not eligible for an 
exemption from the statutory 45-day agreement waiting period under 
Section 40304(c) of the Shipping Act of 1984 (``Shipping Act''), and 
the Commission's Rules at 46 CFR 535.308(a).
    Certain interested parties have already submitted comments on this 
Petition. One letter, submitted by counsel on behalf of licensed motor 
carriers Swift Transportation Company and Knight Transportation, Inc., 
indicate that they have been ``informed by the Ports'' of the 
Commission staff action thereon. Accordingly, it appears that there may 
be broad public interest.
    In order for the Commission to make a thorough evaluation of the 
Petition, interested persons are requested to submit views or arguments 
in reply to the Petition no later than December 15, 2008. Replies shall 
consist of an original and 15 copies, be directed to the Secretary, 
Federal Maritime Commission, 800 North Capitol Street, NW., Washington, 
DC 20573-0001, and be served on Petitioner's counsel, David F. Smith 
and Wayne R. Rohde, Sher and Blackwell LLP, Suite 900, 1850 M Street, 
NW., Washington, DC 20036. A copy of the reply shall be submitted in 
electronic form (Microsoft Word) by e-mail to [email protected].
    The Petition will be posted on the Commission's Web site at http://www.fmc.gov/reading/Petitions.asp. Replies filed in response to this 
petition also will be posted on the Commission's Web site at this 
location.
    Parties participating in this proceeding may elect to receive 
service of the Commission's issuances in this proceeding through e-mail 
in lieu of service by U.S. mail. A party opting for electronic service 
shall advise the Office of the Secretary in writing and provide an e-
mail address where service can be made.

Karen V. Gregory,
Secretary.
[FR Doc. E8-28637 Filed 12-2-08; 8:45 am]
BILLING CODE 6730-01-P