96-9885. Southern Pacific Transportation Co. and the Atchison, Topeka & Santa Fe Railway Co. v. Port of Long Beach; Filing of Complaint and Assignment

[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Notices]
[Pages 17894-17895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9885]



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FEDERAL MARITIME COMMISSION

[Docket No. 96-09]


Southern Pacific Transportation Co. and the Atchison, Topeka & 
Santa Fe Railway Co. v. Port of Long Beach; Filing of Complaint and 
Assignment

    Notice is given that a complaint filed by Southern Pacific 
Transportation Company and The Atchison, Topeka and Santa Fe Railway 
Company (``Complainants'') against Port of Long Beach (``Respondent'') 
was served April 17, 1996. Complainants allege that Respondent has 
violated section 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. app 
1709(d)(1), in connection with a new item in Respondent's tariff that 
imposes an access charge for use of Port owned rail tracks, contrary to 
provisions of existing agreements between Complainants and the City of 
Long Beach.

[[Page 17895]]

    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 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by April 17, 
1997, and the final decision of the Commission shall be issued by 
August 15, 1997.
Joseph C. Polking,
Secretary.
[FR Doc. 96-9885 Filed 4-22-96; 8:45 am]
BILLING CODE 6730-01-M