[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16808-16809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7274]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-02]


BDP International, Inc. v. United Transport Tankcontainers, Inc.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by BPD International, Inc. 
(``BPD''), hereinafter ``Complainant,'' against United Transport 
Tankcontainers, Inc. (``United''), hereinafter ``Respondent.'' 
Complainant asserts that it is a corporation organized and existing 
pursuant to the laws of Pennsylvania and an FMC licensed freight 
forwarder. Complainant asserts that Respondent is a corporation 
organized and existing pursuant to the laws of Delaware and is a 
licensed and bonded non-vessel-operating common carrier.
    Complainant asserts that by failing to pay freight forwarder 
compensation to Complainant pursuant to Respondent's published tariff, 
Respondent violated Section 10(b)(2)(a) of the Shipping Act of 1984, 46 
U.S.C. 41104(2), which prohibits provision of service that is not in 
accordance with the rates, charges, classifications, rules, and 
practices contained in a tariff. Complainant asserts that as a direct 
consequence of Respondent's unlawful conduct, Complainant has suffered 
damages in the amount of $143,765.63. Complainant requests that the 
Commission compel Respondent to answer the charges made by Complainant; 
that the Commission hold that Respondent's actions were in

[[Page 16809]]

violation of the Act; that the Commission award reparations to 
Complainant of $143,765.63, in addition to interest, costs and 
attorney's fees; and order any such other and further relief as the 
Commission deems just and proper.
    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 
March 28, 2011 and the final decision of the Commission shall be issued 
by July 26, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-7274 Filed 4-1-10; 8:45 am]
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