[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31439-31440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13390]
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FEDERAL MARITIME COMMISSION
[Docket No. 10-05]
American Stevedoring, Inc. v. The Port Authority of New York and
New Jersey; Notice of Filing of Complaint and Assignment
May 28, 2010.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (``Commission'') by American Stevedoring, Inc.,
hereinafter ``Complainant,'' against the Port Authority of New York and
New Jersey, hereinafter ``Respondent.'' Complainant asserts that it is
a corporation organized and existing pursuant to the laws of the state
of New York. Complainant asserts that Respondent is a body corporate
and politic created by Compact between the States of New York and New
Jersey with the consent of Congress of the United States, and a marine
terminal operator subject to the jurisdiction of the Commission.
Complainant asserts that Respondent violated Section 10(b)(10) and
Section 10(d)(3) of the Shipping Act of 1984, 46 U.S.C. 41106(3), which
prohibit a marine terminal operator from engaging in unreasonable
refusal to deal or negotiate. Complainant bases this allegation on the
Respondent's ``refusal to negotiate the terms and conditions of a lease
renewal, its haste in forcing American Stevedoring to sign the leases
on one day's notice, and its ultimatum that the set of leases presented
on April 23, 2008 ``be signed by noon the following day, if not signed,
would not be presented again to American Stevedoring, and that no
leases would be presented.'' Complainant alleges that Respondent
``exacerbated its refusal by not countersigning the set of leases for
another ten months'' giving competitors ``at other terminals an unfair
advantage.'' Complainant further alleges that Respondent ``then
interfered with American Stevedoring's existing and prospective
economic relationships by issuing an RFEI and encouraging competitors
to take over American Stevedoring's piers and operations, and to
service its customers.'' Complainant asserts that as a result of
Respondent's unlawful conduct, Complainant ``has suffered and will
suffer monetary damages in an amount yet to be determined, but
exceeding $16,000,000.00 per year.''
Complainant also alleges that Respondent violated Section
10(d)(4)of the Act, 46 U.S.C. app. Sec. 41106(2), which provides that
no marine terminal operator may ``give any undue or unreasonable
preference or advantage or impose any undue or unreasonable prejudice
or disadvantage with respect to any person,'' in refusing to
``negotiate the terms and conditions of the set of leases with American
Stevedoring, unlike its relationships and negotiations with other
marine terminal operators for lease renewal.'' Specifically Complainant
alleges that ``[t]he Port Authority's actions have given American
Stevedoring's competitors at other terminals and unfair advantage in
that they have been and are able to negotiate the terms and conditions
of the lease agreements, including the terms of capital investments the
Port Authority undertakes, such as the provision of truck toll
replacement payments, on-dock rail connections, highway improvements
and other transportation connecting services, whereas American
Stevedoring has been frozen out of negotiations, communications,
capital investments, ordinary maintenance and repairs, and has suffered
other kinds of different, discriminatory treatment, not justified by
transportation factors.'' Complainant asserts that as a result it ``has
suffered monetary damages and lost business opportunities in an amount
yet to be determined, but exceeding several million dollars.''
Complainant requests that the Commission order Respondent ``(i) to
cease and desist from all actions to terminate Complainant's leasehold
relationships with Complainant; (ii) to recommence discussions with the
Complainant in good faith over the terms and conditions of the
Agreements of the Lease entered into on April 24, 2008 comparable to
those entered into by the Port Authority for its other marine terminals
including the recently reduced rent of Maher Terminals; (iii) to order
the Port Authority to cease interfering in the economic relationships
of American Stevedoring with its customer and potential
[[Page 31440]]
customers; (iv) to establish and put in force such other practices as
the Commission determines to be lawful and reasonable governing the
relationship between the Port Authority and American Stevedoring; and
(v) to pay the Complainant by way of reparation for the unlawful
conduct hereinabove described, in an amount yet to be determined, but
exceeding $16,000,000.00 with interest and attorney's fees, or such
other sum as the Commission may determine to be proper as an award of
reparation; and (v) and that such other and further order or orders be
made as the Commission so determines to be 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
May 31, 2011 and the final decision of the Commission shall be issued
by September 28, 2011.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2010-13390 Filed 6-2-10; 8:45 am]
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