[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74784-74785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30895]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-21]


Minto Explorations Ltd. v. Pacific and Arctic Railway and 
Navigation Company; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Minto Explorations Ltd. (Minto), 
hereinafter ``Complainant,'' against Pacific and Arctic Railway and 
Navigation Company (``PARN'') or ``Respondent''. Complainant asserts 
that it is a Canadian corporation which is a ``wholly owned subsidiary 
of Capstone Mining Corp.'' Complainant alleges that Respondent is an 
Alaska corporation which operates as a marine terminal operator.
    Complainant alleges that Respondent's ``dockage tariff, under which 
the vessels used by Minto pay a

[[Page 74785]]

higher per-foot dockage fee than other vessels'' is unlawfully 
discriminatory. Complainant asserted this claim in the United States 
District Court for the District of Alaska, which court referred the 
claim to the Commission upon Respondent's motion in that court 
``alleging that the dispute was within the Commission's primary 
jurisdiction.'' Thus Complainant alleges that Respondent has violated 
the Shipping Act of 1984 ``by unreasonably prejudicing and 
disadvantaging Minto and unreasonably preferring and advantaging others 
in violation of 46 U.S.C. 41106(2), and 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 violation of 46 U.S.C. 41102. Complainant also 
presents its state law discrimination claim at the direction of the 
District Court.
    Complainant requests that Respondent be ordered ``after due 
hearing, to answer the charges herein, to cease and desist from the 
aforesaid violations of the Shipping Act, to establish and put in force 
such practices as the Commission determines to be lawful and 
reasonable, and to pay Minto reparations for PARN's violations of the 
Act, including the amount of the actual injury, plus interest, costs 
and attorneys fees, and any other damages to be determined; and that 
the Commission order any such other relief as it determines proper.'' 
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 November 
23, 2012 and the final decision of the Commission shall be issued by 
March 25, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-30895 Filed 11-30-11; 8:45 am]
BILLING CODE 6730-01-P