[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Notices]
[Page 66477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30744]


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FEDERAL MARITIME COMMISSION

[Docket No. 99-24]


Cargo One, Inc. v. Cosco Container Lines Company, Ltd.; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint filed by Cargo One, Inc. 
(``Complainant'') against COSCO Container Lines Company, Ltd. 
(``Respondent'') was served on November 19, 1999. Complainant alleges 
that Respondent is an ocean common carrier, that Respondent and 
Complainant entered into a service contract, and that Respondent 
violated sections 10(b)(1), 10(b)(3), 10(b)(6)(e), 10(b)(11), 10(b)(12) 
and 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. app. 
Sec. 1709(b)(1), (b)(3), (b)(6)(e), (b)(11), (b)(12), and (d)(1), 
between February 1999 and April 1999, by demanding payment of tariff 
rates in lieu of agreed upon service contract rates, by denying space 
and equipment in deference to larger shippers, and denying 
Complainant's claim for liquidated damages in accordance with the 
provisions of the service contract.
    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 November 
20, 2000, and the final decision of the Commission shall be issued by 
March 20, 2001.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-30744 Filed 11-24-99; 8:45 am]
BILLING CODE 6730-01-M