[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Page 2506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01503]


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FEDERAL MARITIME COMMISSION

[DOCKET NO. 19-02]


Toyota de Puerto Rico, Corp., Complainant v. Puerto Rico Ports 
Authority, Crowley Puerto Rico Services, Inc., and Oceanic General 
Agency Inc., Respondents; Notice of Filing of Complaint and Assignment

Served: February 4, 2019.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Toyota de Puerto Rico, Corp., 
hereinafter ``Complainant,'' against Puerto Rico Ports Authority, 
Crowley Puerto Rico Services, Inc., and Oceanic General Agency Inc., 
hereinafter ``Respondents.'' Complainant states that it `` . . . is a 
corporation duly organized under the laws of the Commonwealth of Puerto 
Rico. . . .'' Complainant states that Respondent Puerto Rico Ports 
Authority ``. . . is a public corporation responsible for managing the 
San Juan ports facilities, including the terminals where containerized 
cargo is received.'' Complainant states that Respondents Crowley Puerto 
Rico Services, Inc., and Oceanic General Agency Inc. are `` . . . 
corporation(s) duly organized under the laws of the Commonwealth of 
Puerto Rico. . . . ''
    Complainant alleges that it was charged the Enhanced Security Fee 
by and through Respondents, after a U.S. District Court found that fee 
to be unconstitutional as it applied to customers such as the 
Complainant whose cargo did not undergo security scanning. Complainant 
further alleges that ``this was the normal, customary and continuous 
practice until 2017, and impacted Toyota as a shipper.''
    Complainant states that it `` . . . seeks reparations for the 
injury caused to Toyota by Respondents through violations of the 
prohibitions against undue, unfair, unjust and unreasonably 
discriminatory and prejudicial practices that apply to marine terminal 
operators and common carriers under the Shipping Act of 1984, 46 U.S.C. 
41102(c), 41104(4), (5) and (9), and 41106 (2).''
    Complainant seeks reparations in the amount of $1,166,952.59, and 
other relief. The full text of the complaint can be found in the 
Commission's Electronic Reading Room at www.fmc.gov/19-02/.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by February 4, 2020, and the final decision 
of the Commission shall be issued by August 18, 2020.

Rachel Dickon,
Secretary.
[FR Doc. 2019-01503 Filed 2-6-19; 8:45 am]
 BILLING CODE 6731-AA-P