[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Page 54468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22336]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-14]


Petra Pet, Inc. (a/k/a Petrapport) v. Panda Logistics Limited; 
Panda Logistics Co., Ltd. (f/k/a panda Int'l Transportation Co., Ltd.); 
and RDM Solutions, Inc.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Petra Pet, Inc. (a/k/a Petrapport), 
hereinafter ``Complainant,'' against Respondents Panda Logistics 
Limited, Panda Logistics Co., Ltd. (f/k/a Panda Int'l Transportation 
Co., Ltd), and RDM Solutions Inc. (RDM). Complainant asserts that it is 
a shipper. Complainant alleges that Respondents Panda Logistics Limited 
and Panda Logistics Co., Ltd., are each a non-vessel-operating ocean 
common carrier (NVOCC) and a non-U.S. based ocean transportation 
intermediary (OTI); and that Respondent RDM is an NVOCC and OTI, and 
serves as U.S. agent for Panda Logistics Limited and Panda Logistics 
Co., Ltd.
    Complainant alleges that by failing to pay freight charges, 
refusing to provide freight releases, improperly diverting containers, 
and taking actions to cause the accrual of storage and demurrage 
charges, ``the actions of Respondents constitute systemic and egregious 
failure to establish, observe and enforce just and reasonable 
regulations and practices relating to or connected with receiving, 
handling, storing and delivering Complainant's property'' in violation 
of Sec.  10(d)(1) of the Shipping Act, 46 U.S.C. 41102(c). Complainant 
requests that the Commission order Respondents to ``[p]ay Complainant 
by way of reparations for the unlawful conduct hereinabove described a 
sum of no less than $269,940.68, plus interest'','' [p]ay any other 
damages that may be determined proper and just'', ``take any such other 
action, or provide any other such relief, as the Commission determines 
to be warranted, including sanctions, as appropriate, with respect to 
Respondents ability to conduct business as NVOCC's in the United 
States'', and ``[p]ay Complainant's reasonable attorneys fees and costs 
incurred * * *'' The full text of the complaint can be found in the 
Commission's Electronic Reading Room at http://www.fmc.gov.
    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 August 27, 
2012 and the final decision of the Commission shall be issued by 
December 26, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-22336 Filed 8-31-11; 8:45 am]
BILLING CODE 6730-01-P