Carolina Marine Handling, Inc. v. South Carolina State Ports Authority, Charleston Naval Complex Redevelopment Authority, Charleston International Projects Inc., and Charleston International Ports, LLC; Notice of Filing of Complaint and Assignment

[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Notices]
[Pages 44926-44927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21446]


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FEDERAL MARITIME COMMISSION

[Docket No. 99-16]


Carolina Marine Handling, Inc. v. South Carolina State Ports 
Authority, Charleston Naval Complex Redevelopment Authority, Charleston 
International Projects Inc., and Charleston International Ports, LLC; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint was filed by Carolina Marine 
Handling, Inc. (``Complainant''), against South Carolina State Ports 
Authority (``SPA''), Charleston Naval Complex Redevelopment Authority 
(``RDA''), Charleston International Projects, Inc. (``CIP''), and 
Charleston International Ports, LLC (``CIP''), herein collectively 
referred to as (``Respondents''). The complaint was served on August 
13, 1999. Complainant alleges that Respondents violated sections 
10(d)(1) and, pursuant to provisions of section 20(e)(3), sections 
10(b)(11), 10(b)(12), 10(d)(3) and 10(d)(4) of the Shipping Act of 
1984, 46 U.S.C. app. 1709(d)(1) and, pursuant to the provisions of 
Sec. 1719(e)(3), Secs. 1709(b)(11), (b)(12, (d)(3) and (d)(4), by 
refusal to negotiate with or to make available to Complainant adequate 
and suitable terminal, pier, dock, and storage facilities; interference 
with Complainants right to use of such facilities; and by granting 
terminal space and concessions to Respondent CIP and others while 
unreasonably denying comparable terminal space and concessions to 
Complainant.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter, if any is held,

[[Page 44927]]

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 off 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 August 14, 2000, and the final decision of the Commission 
shall be issued by December 12, 2000.
Ronald D. Murphy,
Assistant Secretary.
[FR Doc. 99-21446 Filed 8-17-99; 8:45 am]
BILLING CODE 6730-01-M