[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Notices]
[Page 65456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28951]


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FEDERAL MARITIME COMMISSION

[Docket No. 03-13]


BAX Global Inc. v. Lykes Lines Limited, LLC.; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by BAX Global Inc. 
(``Complainant'') against Lykes Lines Limited, LLC (``Respondent''). 
Complainant contends that Respondent violated sections 10(b)(2)(A), 
10(b)(4)(A), 10(b)(4)(E), and 10(d)(1) of the Shipping Act, 46 U.S.C. 
app. 1709, by: not providing service in accordance with its published 
tariff; engaging in unfair or unjustly discriminatory practices 
concerning rates or charges, and adjustment and settlement of claims; 
and failing to establish, observe and enforce just and reasonable 
regulations and practices. Specifically, Complainant alleges that 
Respondent violated the Shipping Act by collecting and refusing to 
refund demurrage charges that accrued while Complainant's cargo was 
detained by the U.S. Customs Service through no fault of the 
Complainant. Complainant requests that a hearing in this matter take 
place at the Complainant's Irvine, CA offices, and seeks an order 
finding Respondent to have violated the sections cited above and such 
other and further order(s) as the Commission determines to be proper, 
and awarding reparations for the unlawful conduct in the amount of 
$98,885 plus interest, attorney fees or such other sum at the 
Commission may determine to be proper.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this manner, 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 November 
15, 2004 and the final decision of the Commission shall be issued by 
March 15, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-28951 Filed 11-19-03; 8:45 am]
BILLING CODE 6730-01-M