82 FR 35781 - Port Elizabeth Terminal & Warehouse Corp. v. The Port Authority of New York and New Jersey; Notice of Filing of Complaint and Assignment

FEDERAL MARITIME COMMISSION

Federal Register Volume 82, Issue 146 (August 1, 2017)

[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35781-35782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16166]


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FEDERAL MARITIME COMMISSION

[Docket No. 17-07]


Port Elizabeth Terminal & Warehouse Corp. 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 Port Elizabeth Terminal & Warehouse 
Corp., hereinafter ``Complainant,'' against The Port Authority of New 
York and New Jersey, hereinafter ``Respondent.'' Complainant states it 
is ``a corporation organized under the laws of the State of New 
Jersey'' and, as a marine terminal operator, ``it provides warehousing 
and other terminal services and facilities to other marine terminal 
operators and common carriers handling thousands of shipping containers 
that enter or depart through the Port of New York and New Jersey.'' 
Complainant alleges that Respondent is ``a body corporate and politic 
created by Compact between the States of New York and New Jersey with 
the consent of the Congress of the United States, existing under the 
laws of the States of New Jersey and New York . . .'' and ``is a marine 
terminal operator . . . and controls virtually all of the common 
carrier served terminal facilities located within the Port of New York 
and New Jersey.''

[[Page 35782]]

    Complainant alleges that it has ``over these past forty-two (42) 
years, entered into numerous Leases, agreements, and supplements to 
agreements [with the Respondent] based upon the parties' needs and to 
advance the parties' mutual commercial and business interests.'' 
Complainant further alleges that as a result of Respondent's requests 
to Complainant to vacate warehouse space, and undue favoring of another 
marine terminal operator, Respondent has violated the Shipping Act, 46 
U.S.C. 41106(2) and (3) and 41102(c), because:
     ``[Respondent] has given undue or unreasonable preference 
or advantage to other Marine Terminal Operators and has imposed an 
undue or unreasonable prejudice or disadvantage upon [the 
Complainant]''.
     ``[Respondent] has unreasonably refused to deal and 
negotiate with [the Complainant]''.
     ``[Respondent] has failed to `establish, observe, and 
enforce just and reasonable regulations and practices relating to or 
connected with receiving, handling, storing, or delivering property''.
    Complainant seeks ``an order be made commanding [Respondent] to 
cease and desist form the aforementioned violations of the Shipping 
Act,'' reparations, and other relief. The full text of the complaint 
can be found in the Commission's Electronic Reading Room at 
www.fmc.gov/17-07/.
    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 July 26, 2018, and the final decision of 
the Commission shall be issued by February 11, 2019.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-16166 Filed 7-31-17; 8:45 am]
 BILLING CODE 6731-AA-P