98-3521. The Board of Commissioners of the Port of New Orleans v. Kaiser Aluminum and Chemical Corporation and the Board of Commissioners of the St. Bernard Parish Port, Harbor & Terminal District and the St. Bernard Port, Harbor & Terminal District;...

[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7170-7171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3521]


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FEDERAL MARITIME COMMISSION

[Docket No. 98-01]


The Board of Commissioners of the Port of New Orleans v. Kaiser 
Aluminum and Chemical Corporation and the Board of Commissioners of the 
St. Bernard Parish Port, Harbor & Terminal District and the St. Bernard 
Port, Harbor & Terminal District; Notice of Filing of Complaint and 
Assignment

    Notice is given that a complaint filed by The Board of 
Commissioners of the Port of New Orleans (``Complaint'') against Kaiser 
Aluminum and Chemical Corporation and the Board of Commissioners of the 
St. Bernard Parish Port, Harbor & Terminal District and the St. Bernard 
Port, Harbor & Terminal District (``Respondents'') was served February 
3, 1998. Complainant alleges that Respondents violated sections 4(b), 8 
and 10 of the Shipping Act of 1984, 46 U.S.C. app. Secs. 1703(b), 1707 
and 1709, by entering into a lease agreement and publishing tariffs 
that deviate materially from provisions of Complainant's tariff, such 
deviations being contrary to Louisiana laws while the terms of the 
lease between Respondents require adherence to such laws, and providing 
unlawful preferences, concessions or reductions to maritime operators, 
carriers and shipper customers within the harbor limits of the Port of 
New Orleans.
    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 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 502.62, the initial decision of 
the presiding officer in this proceeding shall

[[Page 7171]]

be issued by February 3, 1999, and the final decision of the Commission 
shall be issued by June 3, 1999.
Joseph C. Polking,
Secretary.
[FR Doc. 98-3521 Filed 2-11-98; 8:45 am]
BILLING CODE 6730-01-M