[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Page 21981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8777]


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FEDERAL MARITIME COMMISSION

[Docket No. 12-02]


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, hereinafter 
``Complainant'' against the Port Authority of New York and New Jersey 
(PANYNJ), hereinafter ``Respondent''. 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, 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.
    Complainant contends that Respondent violated 46 U.S.C. 41102(c), 
41106(2), 41106(3) and 41106(1) respectively, because Respondent:

    (a) has and continues to fail to establish, observe, and enforce 
just and reasonable regulations and practices relating to or 
connected with receiving, handling, storing or delivery property; 
(b) gave and continues to give an undue or unreasonable prejudice or 
disadvantage with respect to Maher and gave and continues to give an 
undue or unreasonable preference or advantage with respect to 
Maersk, APM, MSC, PNCT, NYCT, and Global, and other marine container 
terminal operators and ocean carriers; (c) has and continues to 
unreasonably refuse to deal or negotiate with Maher; and (d) has and 
continues to agree with another marine terminal operator or common 
carrier to boycott and/or unreasonably discriminate in the provision 
of terminal services to a common carrier.

    Complainant asserts that it has sustained injuries and damages, as 
a result of Respondent's actions, ``including but not limited to higher 
costs and other undue and unreasonable payments, economic 
considerations, restrictions on transfers and/or changes in ownership 
or control interests, lost business, forgone business, and additional 
obligations not required of * * * other marine terminals and other 
damages amounting to a sum of millions of dollars* * *'' The full text 
of the complaint can be found in the Commission's Electronic Reading 
Room at www.fmc.gov.
    Complainant requests that the Commission require Respondent to: (1) 
Answer he 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 other marine terminal 
operators; (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 April 8, 
2013, and the final decision of the Commission shall be issued by 
August 6, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2012-8777 Filed 4-11-12; 8:45 am]
BILLING CODE 6730-01-P