81_FR_44434 81 FR 44304 - T. Parker Host, Inc. v. Kinder Morgan Liquids Terminals, LLC, et al.: Notice of Filing of Complaint and Assignment

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)

Page Range44304-44305
FR Document2016-16012

Federal Register, Volume 81 Issue 130 (Thursday, 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]


-----------------------------------------------------------------------

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

44304 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices Time Monday, July 18, 2016. When FEDERAL MARITIME COMMISSION Parties: Liberty Global Logistics, LLC registering, please provide your name, and Nippon Yusen Kaisha. organization, city and state, email Notice of Agreements Filed Filing Party: Kristen Chung, Corporate address, and telephone number for Counsel, NYK Line (North America) The Commission hereby gives notice follow up. Please also state whether you Inc.; 300 Lighting Way, 5th Floor; of the filing of the following agreements would like to be put on the list to Secaucus, NJ 07094. under the Shipping Act of 1984. Synopsis: The Agreement would provide public comment, and whether Interested parties may submit comments you are submitting written comments authorize the parties to share vessels on the agreements to the Secretary, and vessel space for the carriage of ro/ before the Monday, July 18, 2016, 11:59 Federal Maritime Commission, ro cargo in the trades between ports and p.m. Due to a limited number of Washington, DC 20573, within twelve places in the United States and ports or telephone lines, attendance will be on a days of the date this notice appears in places in a foreign country. first-come, first served basis. the Federal Register. Copies of the agreements are available through the Agreement No.: 012423. Public Comment Title: Glovis/NYK Space Charter Commission’s Web site (www.fmc.gov) Agreement. Individuals or groups making remarks or by contacting the Office of Parties: Hyundai Glovis Co. Ltd. and during the public comment period will Agreements at (202) 523–5793 or Nippon Yusen Kaisha. be limited to seven (7) minutes. To tradeanalysis@fmc.gov. Filing Party: Kristen Chung, Corporate accommodate the number of people Agreement No.: 011426–062. Counsel, NYK Line (North America) who want to address the NEJAC, only Title: West Coast of South America Inc.; 300 Lighting Way, 5th Floor; one representative of a particular Discussion Agreement. Secaucus, NJ 07094. community, organization, or group will Parties: CMA CGM S.A.; Hamburg- Synopsis: The Agreement would be allowed to speak. Written comments Süd; Mediterranean Shipping Company, authorize the parties to share vessels can also be submitted for the record. SA; and Seaboard Marine Ltd. and vessel space for the carriage of ro/ Filing Party: Wayne R. Rohde, Esq.; ro cargo in the trades between ports and The suggested format for individuals Cozen O’Conner; 1200 Nineteenth Street places in the United States and ports or providing public comments is as NW.; Washington, DC 20036. places in a foreign country. follows: Name of speaker; name of Synopsis: The amendment deletes organization/community; city and state; Agreement No.: 201178–001. Hapag-Lloyd as a party to the Title: Los Angeles/Long Beach Port/ and email address; brief description of Agreement, and reflects the recent the concern, and what you want the Terminal Operator Administration and resignation of Trinity Shipping Line as Implementation Agreement. NEJAC to advise EPA to do. Written a party to the Agreement. comments received by registration Parties: The West Coast MTO Agreement No.: 012109–001. Agreement and its individual marine deadline, will be included in the Title: CSAV/Hoegh Autoliners terminal operator members; The City of materials distributed to the NEJAC prior Mexico/USA Space Charter Agreement. Los Angeles, acting by and through its to the teleconference. Written comments Parties: Compania Sud Americana De Board of Harbor Commissioners; and received after that time will be provided Vapores S.A. and Hoegh Autoliners AS. The City of Long Beach, acting by and to the NEJAC as time allows. All written Filing Party: Wayne Rohde, Esq.; through its Board of Harbor comments should be sent to Karen L. Cozen O’Connor; 1200 Nineteenth Street Commissioners. Martin, EPA, via email at NW.; Washington, DC 20036. Filing Party: David F. Smith, Esq.; martin.karenl@epa.gov. Synopsis: The amendment adds Cozen O’Conner; 1200 Nineteenth Street Colombia, Ecuador, Peru, and Chile to NW.; Washington, DC 20036. Information About Services for the geographic scope of the Agreement, Synopsis: The amendment would add Individuals With Disabilities or corrects the addresses of the Parties, and authority for the Parties to discuss Requiring English Language adds a new Article 11 to the Agreement. issues relating to congestion and port Translation Assistance and terminal efficiency. Agreement No.: 012200–003. For information about access or Title: G6/Zim Transpacific Vessel By Order of the Federal Maritime services for individuals requiring Sharing Agreement. Commission. assistance, please contact Karen L. Parties: American President Lines, Dated: June 30, 2016. Martin, at (202) 564–0203 or via email Ltd. and APL Co. Pte, Ltd. (Operating as Rachel E. Dickon, at martin.karenl@epa.gov. To request one Party); Hapag-Lloyd AG; Hapag- Assistant Secretary. special accommodations for a disability Lloyd USA LLC; Hyundai Merchant [FR Doc. 2016–16011 Filed 7–6–16; 8:45 am] or other assistance, please submit your Marine Co., Ltd.; Mitsui O.S.K. Lines, BILLING CODE 6731–AA–P request at least seven (7) working days Ltd.; Nippon Yusen Kaisha; Orient Overseas Container Line, Limited.; and prior to the meeting, to give EPA Zim Integrated Shipping Services FEDERAL MARITIME COMMISSION sufficient time to process your request. Limited. All requests should be sent to the [Docket No. 16–14] Filing Party: David F. Smith, Esq.; address, email, or phone/fax number Cozen O’Connor; 1200 Nineteenth Street listed in the FOR FURTHER INFORMATION NW.; Washington, DC 20036. T. Parker Host, Inc. v. Kinder Morgan CONTACT section. Synopsis: The amendment deletes Liquids Terminals, LLC, et al.: Notice srobinson on DSK5SPTVN1PROD with NOTICES Dated: June 28, 2016. existing authority for the parties to of Filing of Complaint and Assignment Matthew Tejada, engage in slot exchanges between the Notice is given that a complaint has Designated Federal Officer, National joint strings operated under the been filed with the Federal Maritime Environmental Justice Advisory Council. Agreement, and other G6 service strings. Commission (Commission) by T. Parker [FR Doc. 2016–16129 Filed 7–6–16; 8:45 am] Agreement No.: 012422. Host, Inc., hereinafter ‘‘Complainant,’’ BILLING CODE 6560–50–P Title: Liberty Global Logistics/NYK against Kinder Morgan Liquids Space Charter Agreement. Terminals, LLC, Kinder Morgan Bulk VerDate Sep<11>2014 17:23 Jul 06, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1

Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices 44305 Terminals, Inc., Kinder Morgan The initial decision of the presiding include your name, company name (if Services, LLC, Kinder Morgan Southeast officer in this proceeding shall be issued any), and ‘‘Notice FAS–2016–01; Terminals, LLC, Kinder Morgan Virginia by June 29, 2017, and the final decision Seeking Input on the Public Release of Liquids Terminals LLC, Kinder Morgan of the Commission shall be issued by Data Collected Through Transactional Materials Services, LLC, Kinder Morgan January 12, 2018. Data Reporting’’ on your attached G.P., Inc., Kinder Morgan Operating L.P. document. Karen V. Gregory, • Mail: General Services ‘‘A’’, Kinder Morgan Operating L.P. ‘‘C’’, Kinder Morgan Operating L.P. ‘‘D’’, Secretary. Administration, Regulatory Secretariat Kinder Morgan Transmix Company [FR Doc. 2016–16012 Filed 7–6–16; 8:45 am] Division (MVCB), 1800 F Street NW., LLC, Kinder Morgan Energy Partners, BILLING CODE 6731–AA–P Washington, DC 20405. ATTN: Ms. Nassau Terminals, LLC, Kinder Morgan Flowers/Notice FAS–2016–01; Seeking Terminals, and Kinder Morgan, Inc., Input on the Public Release of Data hereinafter ‘‘Respondents.’’ GENERAL SERVICES Collected Through Transactional Data Complainant states that it is a business ADMINISTRATION Reporting. engaged in providing ship’s agency Instructions: Please submit comments [Notice–FAS–2016–01; Docket No. 2016– only and cite Notice FAS–2016–01; services to vessel owners, operators and 0001; Sequence 15] charterers. Complainant alleges that Seeking Input on the Public Release of Respondents are operators of marine Seeking Input on the Public Release of Data Collected Through Transactional terminals. Data Collected Through Transactional Data Reporting, in all correspondence Complainant alleges that by banning Data Reporting related to this collection. Comments Complainant from entering on or received generally will be posted coordinating port calls at all marine AGENCY: Federal Acquisition Service without change to http:// terminals owned or operated by (FAS), General Services Administration www.regulations.gov, including any Respondents, as well as informing (GSA). personal and/or business confidential Complainant’s customers that as of July ACTION: Notice. information provided. To confirm 1, 2016 Complainant has been banned receipt of your comment(s), please from coordinating port calls at all SUMMARY: FAS is publishing this notice check www.regulations.gov, marine terminals owned or operated by to solicit comments regarding the public approximately two to three days after Respondents, Respondents have release of transactional data reported in submission to verify posting (except violated the Shipping Act, 46 U.S.C. accordance with the General Services allow 30 days for posting of comments 41106, which states that marine Administration Acquisition Regulation submitted by mail). terminal operators ‘‘may not give any (GSAR) Transactional Data Reporting SUPPLEMENTARY INFORMATION: undue or unreasonable preference or clauses. GSA FAS will consider A. Background: GSA published the advantage or impose any undue or comments received in establishing its Transactional Data Reporting final rule unreasonable prejudice or disadvantage final position on which Transactional in the Federal Register at 81 FR 41103 with respect to any person; or Data Reporting (TDR) data elements are on June 23, 2016. The rule amended the unreasonably refuse to deal or releasable under the Freedom of General Services Administration negotiate.’’ Information Act (FOIA) and which Acquisition Regulation (GSAR) to Complainant requests that the elements will therefore be released to include clauses that require vendors to Commission enter an order declaring the general public via a public data report transactional data from orders the ‘‘Blacklist Notice’’ and/or extract. placed against select Federal Supply Respondents’ actions described in their DATES: Submit comments on or before Schedule (FSS) contracts, complaint violate 46 U.S.C. 41106 and August 29, 2016. Governmentwide Acquisition Contracts are unlawful and unenforceable, and (GWACs), and Governmentwide FOR FURTHER INFORMATION CONTACT: Mr. further declaring that Complainant may Indefinite-Delivery, Indefinite-Quantity continue to provide vessel agency Adam Jones, Procurement Analyst, FAS (IDIQ) contracts. The clause applicable services at Respondents’ terminals as it Office of Acquisition Management, at to GWACs and Governmentwide IDIQs, currently does, and that Respondent be adam.jones@gsa.gov, or 571–289–0164. GSAR clause 552.216–75, will be required to answer the charges made in ADDRESSES: Submit comments applied to new contracts in that class the Complaint. Complainant also identified by ‘‘Notice FAS–2016–01; and may be applied to any existing requests that after taking evidence and Seeking Input on the Public Release of contracts in this class that do not conducting a hearing, the Commission Data Collected Through Transactional contain other transactional data clauses. order Respondents to cease and desist Data Reporting’’ by any of the following For FSS contracts, the clause (GSAR from violation of the Shipping Act; to methods: clause 552.238–74 Alternate I) will be put in place lawful and reasonable • Regulations.gov: http:// introduced in phases, beginning with a practices to insure no continuing similar www.regulations.gov. Submit comments pilot for select Schedules or Special violations of the Shipping Act; to pay via the Federal eRulemaking portal by Item Numbers and will be paired with Complainant’s reasonable attorney fees inputting ‘‘Notice FAS–2016–01; changes to existing requirements for pursuant to 46 U.S.C. 41305(e); to pay Seeking Input on the Public Release of Commercial Sales Practices disclosures monetary penalties for violating the Data Collected through Transactional and Price Reductions clause basis of Shipping Act pursuant to 46 U.S.C. Data Reporting’’ under the heading award monitoring. The final rule does ‘‘Enter Keyword or ID’’ and selecting srobinson on DSK5SPTVN1PROD with NOTICES 41107; and that the Commission make not apply to the Department of Veterans any further orders as it determines to be ‘‘Search’’. Select the link ‘‘submit a Affairs (VA) FSS contract holders.1 just and proper. Comment’’ that corresponds with Contractors subject to Transactional The full text of the complaint can be ‘‘Notice FAS–2016–01; Seeking Input on Data Reporting will be required to report found in the Commission’s Electronic the Public Release of Data Collected eleven standard data elements. Any data Reading Room at www.fmc.gov/16-14. Through Transactional Data Reporting’’. This proceeding has been assigned to Following the instructions provided at 1 See GSAR Case 2013–G504; Docket 2014–0020; the Office of Administrative Law Judges. the ‘‘Submit a Comment’’ screen. Please Sequence 1 (80 FR 11619 (Mar. 4, 2015)). VerDate Sep<11>2014 17:23 Jul 06, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1


Document Created: 2018-02-08 07:54:30
Document Modified: 2018-02-08 07:54:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 44304 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR