[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Notices]
[Page 55255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21822]


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FEDERAL MARITIME COMMISSION

[Docket No. 02-13]


Pro Transport, Inc. v. HSAC Logistics, Inc. f/k/a Columbus Line 
USA, Inc., Columbus Line, Inc., and Hamburg-Sud; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Pro Transport, Inc. 
(``Complainant'') against HSAC Logistics, Inc. formerly known as 
Columbus Line USA, Inc., Columbus Line, Inc. and Hamburg-Sud 
(``Respondents'').
    Complainant contends that Respondents violated section 10(b)(10) of 
the Shipping Act of 1984 by refusing to deal or negotiate in refusing 
to allow Complainant to use Hamburg-Sud gensets, which provide the 
electricity needed to keep refrigerated cargo containers (``reefers'') 
cooled. Complainant states that Respondents'' refusal to provide 
gensets with its reefers make it impossible for the Complainant to 
transport those containers to its customers. Complainant also advises 
that the Respondents have refused to resolve this issue with the 
Complainant.
    Complainant asks that Respondents be required to answer its charges 
and that the Commission order Respondents to: cease and desist from 
these violations; to establish and put into force such practices as the 
Commission determines to be lawful and reasonable; to pay Complainant 
reparations the amount the Commission determines to be proper as an 
award, with interest and attorney's fees; and such other and further 
order or orders the Commission determines to be proper. Complainant 
requests that any hearings be held in Miami, Florida.
    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 August 21, 
2003, and the final decision of the Commission shall be issued by 
December 20, 2004.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-21822 Filed 8-27-02; 8:45 am]
BILLING CODE 6730-01-P