Notice of Agreement Filed, 42445 [2010-17783]

Download as PDF Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices transactions as necessary to facilitate settlement of the Federal Reserve’s agency MBS transactions. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System’s balance sheet that could affect the attainment over time of the Committee’s objectives of maximum employment and price stability. By order of the Federal Open Market Committee, July 14, 2010. Brian F. Madigan, Secretary, Federal Open Market Committee. [FR Doc. 2010–17849 Filed 7–21–10; 8:45 am] BILLING CODE 6210–01–S FEDERAL MARITIME COMMISSION Notice of Agreement Filed erowe on DSKG8SOYB1PROD with NOTICES The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission’s Web site (https:// www.fmc.gov) or by contacting the Office of Agreements at (202)-523–5793 or tradeanalysis@fmc.gov. Agreement No.: 012105. Title: SCM Lines Transportes/CCNI Agreement. Parties: Compania Chilena de Navegacion Interoceanica S.A. and SCM Lines Transportes Maritimos Sociedade Unipessoal, LDA. Filing Party: John P. Vayda, Esq.; Nourse & Bowles, LLP; One Exchange Plaza; 55 Broadway; New York, NY 10006–3030. Synopsis: The agreement would authorize the parties to cross-charter space; to pool revenues, expenses, earnings, and/or losses; and to discuss on a voluntary, non-binding basis, rates and changes in the trade between the U.S. Gulf ports and ports of East Coast of South America. By Order of the Federal Maritime Commission. Dated: July 16, 2010. Karen V. Gregory, Secretary. [FR Doc. 2010–17783 Filed 7–20–10; 8:45 am] BILLING CODE P VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 FEDERAL MARITIME COMMISSION [Docket No. 10–06] Yakov Kobel and Victor Berkovich v. Hapag-Lloyd America, Inc., Limco Logistics, Inc., and International TLC, Inc.; Notice of filing of complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by Yakov Kobel and Victor Berkovich, hereinafter ‘‘Complainants,’’ against Hapag-Lloyd America, Inc. (‘‘Hapag-Lloyd’’), Limco Logistics, Inc. (‘‘Limco’’), and International TLC, Inc. (‘‘Int’l TLC’’), hereinafter ‘‘Respondents.’’ Complainants assert that Respondent Hapag-Lloyd is a corporation registered under the laws of the State of New Jersey and is an ocean carrier ‘‘duly registered/licensed with Federal Maritime Commission.’’ Complainants assert that Respondent Limco is a corporation registered under the laws of the state of Florida and an ocean transportation intermediary licensed by the Commission as a ‘‘non-vessel ocean carrier (NVOCC).’’ 1 Complainants assert that Respondent Int’l TLC is duly registered under the law of the State of Washington and is an ocean transportation intermediary licensed since July 24, 2008 as an NVOCC. Complainants assert that Respondents: Failed to return a damaged container in Respondents’ custody to Complainants, and subsequently shipped the damaged container; failed to provide proper billsof-lading at the time of shipment and provided the bill-of-lading to Complainants five months after shipping, unilaterally changed the billof-lading to name an individual other than Complainants as exporter and consignee; demanded ‘‘false, excessive and unearned shipping charges’’; and liquidated three of five containers. Through these actions, Complainants allege that Respondent Int’l INC engaged in practice as an ocean transportation intermediary without a license and accepted cargo for an unlicensed ocean transportation intermediary in violation of sections 8 and 19 of the Shipping Act and in violation of section 10(b)(2)(11). Complainants allege that Respondents Limco and Int’l TLC violated sections 8 and 10(b)(2)(A) of the Shipping Act by ‘‘providing services not in accordance with then published tariff and service contract’’ rates. 1 The Shipping Act of 1984 and Commission rules refer to ‘‘non-vessel-operating common carriers’’or NVOCCs. No such term ‘‘non-vessel ocean carrier’’exists in the Commission’s regulations or the Shipping Act of 1984. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 42445 Complainants allege that Respondents violated section 10(b)(4)(D) of the Shipping Act because they ‘‘provided a service and engaged in unfair practice in their loading or unloading of freight.’’ Complainants allege that Respondents violated sections 10(b)(4)(E) and 10(b)(10) of the Shipping Act by ‘‘unreasonably refusing to deal or negotiate and settle Complainants’ claims for damages’’ to one container and loss of all three containers. Complainants also allege that Respondents Limco and Hapag-Lloyd ‘‘knowingly and willingly accepted cargo from an ocean transportation intermediary (Int’l TLC) that did not have a bond, insurance, or other surety from May 9, 2008 to July 23, 2008 in violation of section 10(b)(11)(12) of the Shipping Act.’’ Finally, Complainants allege that Respondents Limco and Int’l TLC ‘‘knowingly disclosed valuable information concerning the nature, kind, quantity and destination of property delivered to them by Complainants to a third party identifying Complainants as shipper and consignee, without Complainants’ consent in violation of section 10(b)(13) of the Shipping Act.’’ Complainants request that the Commission order Respondents: (1) To answer the charges made by Complainants; (2) to pay to Complainants $500,000 for reparations for actual injury and $500,000 for additional damages; (3) to pay any other damages to Complainants that may be determined just and proper; (4) to pay Complainants’ attorney fees and costs incurred; and take any such other action or provide other 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 crossexamination 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 crossexamination 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 14, 2011 and the final E:\FR\FM\21JYN1.SGM 21JYN1

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[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Notices]
[Page 42445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17783]


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FEDERAL MARITIME COMMISSION


Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following 
agreement under the Shipping Act of 1984. Interested parties may submit 
comments on the agreement to the Secretary, Federal Maritime 
Commission, Washington, DC 20573, within ten days of the date this 
notice appears in the Federal Register. A copy of the agreement is 
available through the Commission's Web site (https://www.fmc.gov) or by 
contacting the Office of Agreements at (202)-523-5793 or 
tradeanalysis@fmc.gov.
    Agreement No.: 012105.
    Title: SCM Lines Transportes/CCNI Agreement.
    Parties: Compania Chilena de Navegacion Interoceanica S.A. and SCM 
Lines Transportes Maritimos Sociedade Unipessoal, LDA.
    Filing Party: John P. Vayda, Esq.; Nourse & Bowles, LLP; One 
Exchange Plaza; 55 Broadway; New York, NY 10006-3030.
    Synopsis: The agreement would authorize the parties to cross-
charter space; to pool revenues, expenses, earnings, and/or losses; and 
to discuss on a voluntary, non-binding basis, rates and changes in the 
trade between the U.S. Gulf ports and ports of East Coast of South 
America.

    By Order of the Federal Maritime Commission.

    Dated: July 16, 2010.
Karen V. Gregory,
Secretary.
[FR Doc. 2010-17783 Filed 7-20-10; 8:45 am]
BILLING CODE P
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