[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Page 28226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11888]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-08]


Ndahendekire Barbara v. African Shipping; Njoroge Muhia; Alco 
Logistics, Llc; Brenda Alexander; and AIR 7 Seas Transportlogistics, 
Inc.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Ndahendekire Barbara, 
hereinafter ``Complainant,'' against African Shipping; Njoroge Muhia, 
ALCO Logistics, LLC; Brenda Alexander; and Air 7 Seas Transport 
Logistics, Inc.; hereinafter ``Respondents''. Complainant asserts that 
she is acting agent for Ndahendekire Foundation located in Mbarara, 
Uganda. Complainant alleges that: Respondent African Shipping 
specializes in international cargo shipping; Respondent Njoroge Muhia 
is Chief Executive Officer for African Shipping; Respondent ALCO 
Logistics, LLC, is a freight forwarding and logistics company; 
Respondent Brenda Alexander is an acting agent for ALCO Logistics, LLC; 
and Respondent Air 7 Seas Transport Logistics, Inc., is a freight 
forwarding company.
    Complainant alleges that Respondents, in connection with the 
shipment of two containers and chassis to Mombasa Kenya, violated 
Section 10(d)(1) of the Shipping Act, 46 U.S.C. 41102(c), by ``failing 
to ensure that Ms. Barbara[`s] (sic) container was delivered safely, 
securely and on time to the required destination.'' Specifically, 
Complainant alleges that Respondents ``Mr. Muhia and African Shipping 
are in full breach of contract by contracting with other shippers and 
not paying the shippers, allowing the containers and chassis to be 
delivered to the wrong location, not notifying Ms. Barbara of the 
delivery, allowing demurrages to incur, requesting additional payments 
for delivery and release of the chassis and containers.'' Complainant 
also alleges that Respondents thereby caused ``Ms. Barbara additional 
shipping cost as well as the loss of her contract for supplying medical 
supplies and equipment.''
    Complainant asks ``that respondent be required to answer the 
charges herein; that after due hearing, an order be made commanding 
said respondent (and each of them); to cease and deist (sic) from the 
aforesaid violations of said act(s); to establish and put in force such 
practices as the Commission determines to be lawful and reasonable; to 
pay said complainant by way of reparations for the unlawful conduct * * 
* the sum of One Hundred Fifty Thousand Dollars and zero cents 
($150,000), with interest and attorney's fees or such sum as the 
Commission may determine to be proper as an award of reparation; and 
that such other and further order or orders be made as the Commission 
determines to be proper in the premises.''
    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 May 9, 2012 
and the final decision of the Commission shall be issued by September 
6, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-11888 Filed 5-13-11; 8:45 am]
BILLING CODE 6730-01-P