[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15601]


[Federal Register: June 28, 1994]


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FEDERAL MARITIME COMMISSION

[Docket No. 94-12]


Spark International Trading, Inc. v. Danzas Corporation, Nordstar 
Line, S.A. and Great Eastern Shipping, Inc.; Filing of Complaint and 
Assignment

    Notice is given that a complaint filed by Spark International 
Trading, Inc. (``Complainant'') against Danzas Corporation 
(``Danzas''), Nordstar Line, S.A. (``Nordstar'') and Great Eastern 
Shipping, Inc. (``Great Eastern'') was served June 22, 1994. 
Complainant alleges that: (1) Respondents Danzas violated section 
10(d)(1) of the Shipping Act 1984 (``the Act''), 46 U.S.C. app. 
1709(d)(1), inter alia, by holding itself out as an ocean common 
carrier and an ocean freight forwarder for the transportation of 
Complainant's cargo from Baltimore to St. Petersburg, Russia, failing 
to provide such transportation, having no intention of ever providing 
such transportation, failing to use reasonable care in selecting 
Nordstar/Great Eastern, alleged non-vessel operating common carriers, 
to arrange such transportation, failing to verify that Nordstar/Great 
Eastern had filed the agreed upon rate, and failing to take necessary 
steps to arrange and supervise the transport and timely delivery of 
complainant's cargo; and (2) Respondents Nordstar and Great Eastern 
violated sections 10(b)(1) and (5) and 10(d)(1) of the Act, 46 U.S.C. 
app. 1709(b)(1) and (5) and (d)(1), by failing to take steps reasonably 
necessary to arranging and supervising the transport and timely 
delivery of Complainant's cargo, holding cargo pending payment of new, 
higher freight charges not shown in Nordstar's tariff, and retaliating 
Complainant by demanding a higher than agreed upon rate because 
Complainant sought the assistance of legal counsel.
    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 June 22, 
1995, and the final decision of the Commission shall be issued by 
October 20, 1995.
Joseph C. Polking,
Secretary.
[FR Doc. 94-15601 Filed 6-27-94; 8:45 am]
BILLING CODE 6730-01-M