[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Notices]               
[Page 23506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-34]                         


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FEDERAL MARITIME COMMISSION

[Docket No. 04-06]

 
San Antonio Maritime Corp., and Antilles Cement Corp., v. Puerto 
Rico Ports Authority; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by the San Antonio 
Maritime Corp., and Antilles Cement Corp., (``Complaints'') against the 
Puerto Rico Ports Authority (``Respondent''). Complaints contend that 
Respondent has engaged in unjust, unreasonable, and unlawful practices 
in violation of section 10(d)(1); unreasonably refused to deal or 
negotiate in violation of sections 10(d)(3) and 10(b)(10); and imposed 
undue or unreasonable prejudice or disadvantage in violation of section 
10(d)(4), of the Shipping Act of 1984, 46 U.S.C. app. 1709(d)(1), (3), 
and and (4), and 1709(b)(10). As a direct result of these allegations, 
Complainants claim that they have suffered and will continue to suffer 
substantial ongoing economic damages and injury valued at not less than 
$20 million. Complainants seek an order directing Respondent to cease 
and desist; establish and put into force such practices as the 
Commission determines to be lawful and reasonable; pay Complainants 
reparations, interest, costs, and attorneys fees and any other damages 
to be determined; and take any other such action or provide any other 
such relief as the Commission determines 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 April 26, 
2005 and a final decision of the Commission shall be issued by August 
24, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-9737 Filed 4-28-04; 8:45 am]

BILLING CODE 6730-01-P