81 FR 44304 - T. Parker Host, Inc. v. Kinder Morgan Liquids Terminals, LLC, et al.: Notice of Filing of Complaint and Assignment

FEDERAL MARITIME COMMISSION

Federal Register Volume 81, Issue 130 (July 7, 2016)

[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44304-44305]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16012]


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FEDERAL MARITIME COMMISSION

[Docket No. 16-14]


T. Parker Host, Inc. v. Kinder Morgan Liquids Terminals, LLC, et 
al.: Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by T. Parker Host, Inc., hereinafter 
``Complainant,'' against Kinder Morgan Liquids Terminals, LLC, Kinder 
Morgan Bulk

[[Page 44305]]

Terminals, Inc., Kinder Morgan Services, LLC, Kinder Morgan Southeast 
Terminals, LLC, Kinder Morgan Virginia Liquids Terminals LLC, Kinder 
Morgan Materials Services, LLC, Kinder Morgan G.P., Inc., Kinder Morgan 
Operating L.P. ``A'', Kinder Morgan Operating L.P. ``C'', Kinder Morgan 
Operating L.P. ``D'', Kinder Morgan Transmix Company LLC, Kinder Morgan 
Energy Partners, Nassau Terminals, LLC, Kinder Morgan Terminals, and 
Kinder Morgan, Inc., hereinafter ``Respondents.'' Complainant states 
that it is a business engaged in providing ship's agency services to 
vessel owners, operators and charterers. Complainant alleges that 
Respondents are operators of marine terminals.
    Complainant alleges that by banning Complainant from entering on or 
coordinating port calls at all marine terminals owned or operated by 
Respondents, as well as informing Complainant's customers that as of 
July 1, 2016 Complainant has been banned from coordinating port calls 
at all marine terminals owned or operated by Respondents, Respondents 
have violated the Shipping Act, 46 U.S.C. 41106, which states that 
marine terminal operators ``may not give any undue or unreasonable 
preference or advantage or impose any undue or unreasonable prejudice 
or disadvantage with respect to any person; or unreasonably refuse to 
deal or negotiate.''
    Complainant requests that the Commission enter an order declaring 
the ``Blacklist Notice'' and/or Respondents' actions described in their 
complaint violate 46 U.S.C. 41106 and are unlawful and unenforceable, 
and further declaring that Complainant may continue to provide vessel 
agency services at Respondents' terminals as it currently does, and 
that Respondent be required to answer the charges made in the 
Complaint. Complainant also requests that after taking evidence and 
conducting a hearing, the Commission order Respondents to cease and 
desist from violation of the Shipping Act; to put in place lawful and 
reasonable practices to insure no continuing similar violations of the 
Shipping Act; to pay Complainant's reasonable attorney fees pursuant to 
46 U.S.C. 41305(e); to pay monetary penalties for violating the 
Shipping Act pursuant to 46 U.S.C. 41107; and that the Commission make 
any further orders as it determines to be just and proper.
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov/16-14.
    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 June 29, 2017, and the final decision of 
the Commission shall be issued by January 12, 2018.

Karen V. Gregory,
Secretary.
[FR Doc. 2016-16012 Filed 7-6-16; 8:45 am]
 BILLING CODE 6731-AA-P