[Federal Register: December 3, 2008 (Volume 73, Number 233)]
[Notices]               
[Page 73655-73656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de08-32]                         

=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 08-06]

 
Western Holding Group, Inc., Marine Express, Inc. and 
Corporaci[oacute]n Ferries del Caribe, Inc. v. Mayag[uuml]ez Port 
Commission and Holland Group Port Investment (Mayag[uuml]ez), Inc.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Western Holding Group, Inc. 
(``Western Holding''), Marine Express, Inc. (``Marine Express'') and 
Corporaci[oacute]n Ferries del Caribe, Inc. (``Ferries del Caribe''), 
hereinafter ``Complainants''. Complainants assert that they are for-
profit corporations organized and existing pursuant to the laws of the 
Commonwealth of Puerto Rico. Complainants allege that Respondent 
Mayag[uuml]ez Port Commission (``Port Commission'') is a public 
corporation and that Respondent Holland Group Port Investment 
(Mayag[uuml]ez), Inc. (``Holland Group'') is a for-profit corporation. 
Complainants further allege that both Respondent corporations are 
organized and existing pursuant to the laws of the Commonwealth of 
Puerto Rico.
    Complainants assert that Complainant Western Holding owns and 
charters the vessel M/V CARIBBEAN EXPRESS. Complainants aver that 
Marine Express and Ferries del Caribe transport passengers, goods and 
vehicles between the Dominican Republic and Puerto Rico on said vessel. 
Complainants Ferries del Caribe and Marine Express maintain that they 
are common carriers within the meaning of the Shipping Act of 1984, as 
amended (``The Shipping Act''). See 46 U.S.C. 40102(6).
    Complainants assert that Respondent Mayag[uuml]ez Port Commission 
is responsible for all port business within the Port of Mayag[uuml]ez, 
and that Respondent Holland Group administers and operates the 
Mayag[uuml]ez port facilities. Complainants contend that Respondents 
Mayag[uuml]ez Port Commission and Holland Group are marine terminal 
operators within the meaning of The Shipping Act. See 46 U.S.C. 
40102(14).
    Complainants allege that ownership of the Port of Mayag[uuml]ez was 
transferred to Respondent Port Commission in July 2004, with a 
requirement to honor the terms of Complainant Marine Express' existing 
lease, and that this requirement was not honored. Complainants contend 
that Respondents' actions, including aforesaid action, constitute 
violations of The Shipping Act including unjust, unreasonable and 
unlawful practices in violation of Section 41102(c), and unreasonable 
refusals to negotiate, unreasonable discrimination and undue or 
unreasonable prejudice and disadvantages in violation of Sections 
41106(1)-(3). 46 U.S.C. 41102(c), 41106(1)-(3).
    Complainants request that the Commission order Respondents to: (1) 
Cease and desist from the violations of The Shipping Act described in 
this Complaint; (2) establish and put in force such practices as the 
Commission determines lawful and reasonable; (3) pay to the 
Complainants reparations of $25,000,000.00 including attorney's fees, 
interests and costs; and (4) take any other action or provide any other 
relief as the Commission determines to be warranted under the 
circumstances.
    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

[[Page 73656]]

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 
November 26, 2009, and the final decision of the Commission shall be 
issued by March 26, 2010.

Karen V. Gregory,
Secretary.
[FR Doc. E8-28638 Filed 12-2-08; 8:45 am]

BILLING CODE 6730-01-P