[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51367-51368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21016]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-12]


China Shipping Container Lines Co., Ltd.; COSCO Container Lines 
Company Limited; Evergreen Line A Joint Service Agreement; Hanjin 
Shipping Co., Ltd.; Horizon Lines, LLC; Kawasaki Kisen Kaisha, Ltd.; 
Nippon Yusen Kaisha; United Arab Shipping Company (S.A.G.); and Yang 
Ming Marine Transport Corporation 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 China Shipping Container Lines Co., 
Ltd.; COSCO Container Lines Company Limited; Evergreen Line A Joint 
Service Agreement; Hanjin Shipping Co., Ltd.; Horizon Lines, LLC; 
Kawasaki Kisen Kaisha, Ltd.; Nippon Yusen Kaisha; United Arab Shipping 
Company (S.A.G.); and Yang Ming Marine Transport Corporation, 
hereinafter ``Complainants,'' against the Port Authority of New York 
and New Jersey, hereinafter ``Respondent''. Complainants are each ocean 
common carriers. Complainants allege that Respondent is a marine 
terminal operator that ``owns and operates marine terminal facilities 
in the New York and New Jersey area, including leased marine terminal 
facilities and public berths.''
    Complainants allege that Respondent violated the Shipping Act of 
1984, 46 U.S.C. 41102(c) and 41106(2) because

[[Page 51368]]

through adoption and implementation of its published Tariff's 
provisions the Port ``(a) has failed and continues to fail to 
establish, observe, and enforce just and reasonable regulations and 
practices relating to or connected with receiving, handling, storing, 
or delivering property; and (b) has given and continues to give undue 
and unreasonable preference and advantage or impose undue or 
unreasonable prejudice or disadvantage with respect to persons.'' In 
particular, Complainants allege that the Port has adopted a ``Cargo 
Facility Charge'' (CFC) which is ``unlawful because Complainants do not 
receive services commensurate with the fee; because it severely and 
unreasonably prejudices Complainants while unduly preferring other 
users of the Port's facilities; and because the Cargo Facility Charge 
and the rules applying it provide for unlawful expulsion of 
Complainants from the Port.'' Complainants request that the Commission 
issue an order ``declaring Respondent's CFC and Section H [of 
Respondent's tariff] to be unlawful, and commanding Respondent: to 
cease and desist from the aforesaid violations; to establish and put in 
force such practices as the Commission determines to be lawful and 
reasonable; to pay to Complainants by way of reparations for the 
unlawful conduct herein described a sum to be determined, with interest 
and attorney's fees and such other sums as the Commission may determine 
to be proper as an award of reparations; and 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 August 13, 
2012 and the final decision of the Commission shall be issued by 
December 11, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-21016 Filed 8-17-11; 8:45 am]
BILLING CODE 6730-01-P