[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Notices]
[Pages 61412-61413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27111]


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FEDERAL MARITIME COMMISSION

[Docket No. 03-12]


San Diego Unified Port District v. Pacific Maritime Association; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by San Diego 
Unified Port District (``Complainant'') against Pacific Maritime 
Association (``Respondent''). Complaint contends that Respondent took 
action that reprioritized the unloading of cargo ships at the Port of 
San Diego (``Port''). The Complaint claims that this ``action took away 
priority unloading of refrigerated cargo'' which allegedly has put the 
Port at a competitive disadvantage with other Southern California 
ports, and has further exacerbated already existing labor problems at 
the Port. Complaint alleges that Respondent's actions violate sections 
10(d)(1), (2) and (4) of the Shipping Act of 1984, 46 U.S.C. app.1709. 
Complainant seeks an order finding Respondent to have violated the 
sections cited above, directing Respondent to cease and desist, and 
awarding reparations for the unlawful conduct in an amount of $87,814, 
with interest and counsel's fees.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence with 
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

[[Page 61413]]

include oral testimony and cross-examination in the discretion of the 
presiding officer only upon 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 October 18, 2004 and a 
final decision of the Commission shall be issued by February 5, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-27111 Filed 10-27-03; 8:45 am]
BILLING CODE 6730-01-P