[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15601]
[Federal Register: June 28, 1994]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Docket No. 94-12]
Spark International Trading, Inc. v. Danzas Corporation, Nordstar
Line, S.A. and Great Eastern Shipping, Inc.; Filing of Complaint and
Assignment
Notice is given that a complaint filed by Spark International
Trading, Inc. (``Complainant'') against Danzas Corporation
(``Danzas''), Nordstar Line, S.A. (``Nordstar'') and Great Eastern
Shipping, Inc. (``Great Eastern'') was served June 22, 1994.
Complainant alleges that: (1) Respondents Danzas violated section
10(d)(1) of the Shipping Act 1984 (``the Act''), 46 U.S.C. app.
1709(d)(1), inter alia, by holding itself out as an ocean common
carrier and an ocean freight forwarder for the transportation of
Complainant's cargo from Baltimore to St. Petersburg, Russia, failing
to provide such transportation, having no intention of ever providing
such transportation, failing to use reasonable care in selecting
Nordstar/Great Eastern, alleged non-vessel operating common carriers,
to arrange such transportation, failing to verify that Nordstar/Great
Eastern had filed the agreed upon rate, and failing to take necessary
steps to arrange and supervise the transport and timely delivery of
complainant's cargo; and (2) Respondents Nordstar and Great Eastern
violated sections 10(b)(1) and (5) and 10(d)(1) of the Act, 46 U.S.C.
app. 1709(b)(1) and (5) and (d)(1), by failing to take steps reasonably
necessary to arranging and supervising the transport and timely
delivery of Complainant's cargo, holding cargo pending payment of new,
higher freight charges not shown in Nordstar's tariff, and retaliating
Complainant by demanding a higher than agreed upon rate because
Complainant sought the assistance of legal counsel.
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 June 22,
1995, and the final decision of the Commission shall be issued by
October 20, 1995.
Joseph C. Polking,
Secretary.
[FR Doc. 94-15601 Filed 6-27-94; 8:45 am]
BILLING CODE 6730-01-M
