[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Notices]
[Pages 39722-39723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14411]


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FEDERAL MARITIME COMMISSION

[Docket No. 02-08]


Odyssey Stevedoring of Puerto Rico, Inc. v. Puerto Rico Port 
Authority; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Odyssey Stevedoring of Puerto 
Rico, Inc. (``Complainant'') against the Puerto Rico Port Authority 
(``PRPA'').
    Complainant contends that PRPA engaged in a number of activities in 
connection with negotiating and entering into maritime terminal leases 
and agreements, including preferential use, berthing and warehousing 
agreements, which violated sections 10(d)(1), 10(d)(2), and 10(d)(4) of 
the Shipping Act of 1984 and injured the Complainant.

[[Page 39723]]

    Complainant asks that PRPA be compelled to answer its charges and 
that the Commission order PRPA to: Cease and desist from these 
violations; re-apportion certain terminal facilities located at the 
Port of San Juan between the remaining stevedoring and marine terminal 
companies, including Complainant; and take such further and other 
actions as to afford preferential usage, including berthing, 
warehousing and open spaces, as the Commission establishes as necessary 
to restore competition in regard to stevedoring and breakbulk services 
in the Port of San Juan. The Complainant also requests the Commission 
to award it damages in an amount reflecting Complainant's lost business 
and profits; the amounts which Complainant has paid pursuant to PRPA's 
tariff which exceed the amounts Complainant would have paid pursuant to 
certain PRPA preferential use and exclusive use agreements, and such 
other further relief as the Commission determines just and proper in 
the circumstances.
    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 3, 
2003, and the final decision of the Commission shall be issued by 
October 1, 2003.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-14411 Filed 6-7-02; 8:45 am]
BILLING CODE 6730-01-M