[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Page 40940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15429]


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FEDERAL MARITIME COMMISSION

[Docket No. 04-07]


Trans-Net, Inc., v. FESCO Management Limited; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed by Trans-Net, Inc. 
(``Trans-Net'') against FESCO Ocean Management Limited 
(``Respondent''). Complainant contends that Respondent violated 
sections 5; 10(a)(1), (2) and (3); 10(b)(1), (2)(A), and (3); 10(d)(1); 
and 19(a) and (b) of the Shipping Act of 1984, 46 U.S.C. app sections 
1704; 1709(a)(1), (2) and (3); (b)(1), (2)(A) and (3), and (d)(1); 
1718(a) and (b); and 46 CFR 535.901 of the Commission's regulations. 
Specifically, Complainant alleges that Respondent operated under and 
failed to file with the Commission a connecting carrier agreement; 
misrepresented its carrier status and implemented unlawful agreements 
to obtain ocean transportation at unpublished rates that were less than 
would otherwise apply; failed to operate in accordance with the terms 
and conditions of a space charter agreement on file with the 
Commission; failed to provide service in accordance with the rates, 
charges, classifications, rules, and practices contained in its tariff; 
engaged in retaliatory actions against Trans Net; failed to establish 
and maintain reasonable regulations and practices in connection with 
receiving, handling, storing, or delivering property; and operated as a 
non-vessel-operating common carrier without an ocean transportation 
intermediary license or proof of financial responsibility. As a direct 
result of these allegations, Complainant claims that it has suffered 
and will continue to suffer substantial ongoing economic damages and 
injury. Complainant seeks an order finding Respondent to have violated 
the Shipping Act and the Commission's regulations; directing Respondent 
to cease and desist; awarding reparations, including interest, and 
attorney's fees, and any other and further relief as the Commission may 
determine to be warranted.
    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 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 July 1, 
2005 and a final decision of the Commission shall be issued by October 
31, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-15429 Filed 7-6-04; 8:45 am]
BILLING CODE 6730-01-U