[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Notices]               
[Page 54228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-51]                         

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FEDERAL MARITIME COMMISSION

[Docket No. 03-10]

 
Puerto Rico Freight Systems, Inc. v. R & S Trading, Inc.; Notice 
of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by Puerto Rico 
Freight Systems, Inc. (``Complainant''), against R & S Trading Inc. 
(``Respondent''). Complainant contends that Respondent violated the 
agreement filing provisions of section 5, the tariff publication 
provisions of section 8, and prohibitions against discriminatory 
behavior under section 10 of the Shipping Act of 1984, 46 U.S.C. app. 
Sec. Sec.  1704, 1707, and 1709. Complainant also requests that the 
Commission reopen Docket No. 95-03, Puerto Rico Freight Systems, Inc. 
v. R & S Trading and J.C. Trading (``Docket No. 95-03'') to determine R 
& S Trading's conduct and liability. 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 ``in excess of $25,000, 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 
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 September 
7, 2004, and the final decision of the Commission shall be issued by 
January 5, 2005.

Bryant L. Van Brakle,
Secretary.
[FR Doc. 03-23557 Filed 9-15-03; 8:45 am]

BILLING CODE 6730-01-P