[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22575-22576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8994]


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FEDERAL MARITIME COMMISSION

[Docket No. 12-03]


The Auction Block Company, an Alaska Corporation v. the City of 
Homer, a Municipal Corporation and Its Port of Homer; Notice of Filing 
of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by The Auction Block Company, an 
Alaska Corporation, hereinafter ``Complainant,'' against the City of 
Homer, a municipal corporation, and its Port of Homer, hereinafter 
``Respondents''. Complainant asserts that it is a seafood processing 
and logistics firm organized under the laws of the State of Alaska. 
Complainant alleges that Respondent the City of Homer is a municipal 
corporation organized under the laws of Alaska, is a marine terminal 
operator and owns and operates the Port of Homer.
    Complainant alleges that it pays to Respondents the rates published 
in Respondents' tariff for use of the premises and a crane, but that 
``its major competitor, Icicle Seafoods, Inc. d/b/a/ Seward Fisheries, 
is not assessed and does not pay the rates published in the Tariff.'' 
Therefore Complainant alleges that Respondent is in violation of 46 
U.S.C. 41106(2) and (3) as it ``has given undue and/or unreasonable 
preference and/or advantage and/or imposed undue or unreasonable 
prejudice and/or disadvantage with respect to Complainant.
    Complainant requests that the Commission order Respondent to 
``cease and desist from the aforesaid violations of said acts; to 
establish and put in force such practices as the Commission determines 
to be lawful and reasonable; to pay to said Complainant by way of 
reparations and damages for the unlawful conduct * * * the sum of 
$682,114.83 with interest and attorney's fees or such other sum as the 
Commission may determine to be proper as an award of reparations and 
damages; and that such other and further order or orders be made as the 
Commission determines to be just and proper in the premises.'' The full 
text of the complaint can be found in the Commission's Electronic 
Reading Room at 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

[[Page 22576]]

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 10, 2013 and the 
final decision of the Commission shall be issued by August 8, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2012-8994 Filed 4-13-12; 8:45 am]
BILLING CODE 6730-01-P