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BEFORE THE
FEDERAL MARITIME COMMISSION


Notice of Proposed Rulemaking

46 CFR Part 531

Non-Vessel-Operating Common Carrier    
Service Arrangements

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Docket No. 04-12

RIN 3072-AC30

Motion of the U.S. Department of Justice
for Leave to File an Otherwise Unauthorized Document

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R. Hewitt Pate
Assistant Attorney General 		Roger W. Fones, Chief
Donna N. Kooperstein, Assistant Chief

J. Bruce McDonald
Deputy Assistant Attorney General		Robert L. McGeorge
Attorney

 U.S. Department of Justice
Antitrust Division
Transportation, Energy & Agriculture
Section
325 7th Street, N.W.
Washington, D.C. 20530




Dated: December 3, 2004

The United States Department of Justice hereby requests leave to submit the enclosed comments on the Commission's Notice of Proposed Rulemaking after the expiration of the otherwise applicable deadline. The Department submits that the public interest will be served if the Commission has an opportunity to review its comments, and that this late submission will not prejudice any person with an interest in this proceeding.


  Respectfully submitted,


_______________/s/________________
Robert L. McGeorge
Attorney

U.S. Department of Justice
Antitrust Division
Transportation, Energy & Agriculture
Section
325 7th Street, N.W.; Fifth Floor
Washington, DC 20530