BEFORE THE

FEDERAL MARITIME COMMISSION

___________________________________

)

Notice of Proposed Rulemaking	)

)	Docket No. 04-12

46 CFR Part 531	)

)	RIN 3072-AC30

Non-Vessel-Operating Common Carrier	)

Service Arrangements	)

)

____________________________________)

Motion of the U.S. Department of Justice

for Leave to File an Otherwise Unauthorized Document

_________

R. Hewitt Pate	Roger W. Fones, Chief

Assistant Attorney General	Donna N. Kooperstein, Assistant Chief

J. Bruce McDonald	Robert L. McGeorge

Deputy Assistant Attorney General	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