[Federal Register Volume 69, Number 9 (Wednesday, January 14, 2004)]
[Notices]
[Pages 2139-2140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-815]


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FEDERAL MARITIME COMMISSION

[Docket No. 04-01]


International Shipping Agency, Inc. v. the Puerto Rico Ports 
Authority; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by the 
International Shipping Agency, Inc. (``Complainant'') against the 
Puerto Rico Ports Authority (``Respondent''). Complaint contends that 
Respondent has failed to operate in accordance with the Piers M/N/O 
Terminal Lease and Development Agreement, FMC Agreement No. 224-201011, 
has failed to establish, observe, and enforce just and reasonable 
regulations and practices relating to or connected with receiving, 
handling, storing or delivering property, has refused to deal or 
negotiate with Complainant, and has imposed unjust and unreasonable 
prejudice or disadvantage with respect to Complainant. Complainant 
contends that Respondent has violated sections 10(a)(3) and 10(b)(10) 
and sections 10(d)(1) (3) and (4) of the Shipping Act of 1984, 46 
U.S.C. app. sections 1709(a)(3); 1709(b)10; and 1709(d)(1),

[[Page 2140]]

(3) and (4). As a result of these allegations, Complainant claims that 
they have suffered and will continue to suffer substantial economic 
damage and injury in excess of 50 million dollars. Complainant seeks an 
order finding Respondent to have violated the sections cited above, 
directing Respondent to cease and desist, reparations and attorneys 
fees and an order directing Respondent to establish reasonable rules 
and regulations.
    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 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 January 5, 
2005 and a final decision of the Commission shall be issued by May 5, 
2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-815 Filed 1-13-04; 8:45 am]
BILLING CODE 6730-01-P