[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Page 44588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18762]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-11]


Marine Repair Services of Maryland, Inc. v. Ports America 
Chesapeake, LLC; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Marine Repair Services of 
Maryland, Inc., hereinafter ``Complainant,'' against Ports America 
Chesapeake, LLC, hereinafter ``Respondent''. Complainant asserts that 
it is a corporation organized under the laws of the state of Maryland. 
Complainant alleges that Respondent is a marine terminal operator and a 
limited liability company organized under the laws of the state of 
Delaware, and authorized to do business in Maryland.
    Complainant alleges that Respondent violated the Shipping Act of 
1984 by unreasonably prejudicing and disadvantaging Complainant in its 
business operations at the Port of Baltimore, and unreasonably refusing 
to deal with Complainant, 46 U.S.C. 41106(2) and 41106(3). Complainant 
requests ``that Respondent Ports America Chesapeake LLC be required to 
answer the charges herein; that after due hearing, an order be made 
commanding Respondent Ports America Chesapeake LLC: (1) To cease and 
desist from the aforesaid violations of the Shippers (sic) Act of 1984 
(as amended and codified); (2) to establish and put in force such 
practices as the Commission determines to be lawful and reasonable; (3) 
to pay to Complainant Marine Repair Services of Maryland, Inc., by way 
of reparations for the unlawful conduct described above in the amount 
of no less than $900,000.00, with interest and attorney's fees or such 
sum as the Commission may determine to be proper as an award of 
reparation; and (4) that such other and further order or orders be made 
as the Commission determines to be proper in the premises.'' The full 
text of the complaint can be found in the Commission's Electronic 
Reading Room at http://www.fmc.gov.
    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 July 19, 
2012 and the final decision of the Commission shall be issued by 
November 16, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-18762 Filed 7-25-11; 8:45 am]
BILLING CODE 6730-01-P