[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Pages 5988-5989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3206]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 97-02]


McKenna Trucking Company, Inc. v. Maersk Incorporated; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint filed by McKenna Trucking Company, 
Inc. (``Complainant'') against Maersk Incorporated (``Respondent'') was 
served February 5, 1997. Complainant alleges that Respondent has 
violated sections 10(b)(1), (4), (6), (10), (11), and (12) of the 
Shipping Act of 1984, 46 U.S.C. app. sections 1709(1), (4), (6), (10), 
(11), and (12), by receiving rebates of intermodal trucking charges, 
thereby charging, demanding, collection and receiving greater 
compensation for the transportation of property than the rates shown in 
its service contracts, and subjecting complainant to an unreasonable 
refusal to deal, while continuing to charge shippers the higher, listed 
rate as a portion of the total through rate.
    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

[[Page 5989]]

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 February 5, 1998, and the final decision of the Commission 
shall be issued by June 5, 1998.
Joseph C. Polking,
Secretary.
[FR Doc. 97-3206 Filed 2-7-97; 8:45 am]
BILLING CODE 6730-01-M