Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70005 

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 (http:// 

www.fmc.gov) or by contacting the 

Office of Agreements at (202)–523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 201175–002. 

Title: Port of NY/NJ Sustainable 

Services Agreement. 

Parties: APM Terminals North 

America, Inc.; Global Terminal & 

Container Services LLC; Maher 

Terminals LLC; New York Container 

Terminal, Inc.; and Port Newark 

Container Terminal LLC. 

Filing Party: Carol N. Lambos, Esq.; 

The Lambos Firm, LLP; 303 South 

Broadway, Suite 410; Tarrytown, NY 

10591 

Synopsis: The amendment would 

allow the parties to enter into an 

agreement with the Port Authority of 

New York and New Jersey to discuss 

and agree on matters relating to 

environmentally sensitive, efficient, and 

secure marine terminal operations, 

including RFID technology; obtain and 

administer government grants to fund 

technology-related activities; meet with 

stakeholders to discuss deployment of 

RFID technologies; and to establish and 

manage an entity to implement and 

administer agreements reached 

regarding RFID and/or other similar 

technologies. The parties have requested 

expedited review. 

By Order of the Federal Maritime 

Commission. 

Dated: November 10, 2010. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–28869 Filed 11–15–10; 8:45 am] 

BILLING CODE P 

FEDERAL MARITIME COMMISSION 

[Docket No. 10–10] 

Draft Cargoways India (PVT.) LTD. v. 

Damco USA, Inc., Damco A/S, and A.P. 

Moller-Maersk A/S; Notice of Filing of 

Complaint and Assignment 

Notice is given that a complaint has 

been filed with the Federal Maritime 

Commission (‘‘Commission’’) by DRAFT 

CARGOWAYS INDIA (PVT.) LTD. 

(‘‘DRAFT’’), hereinafter ‘‘Complainant,’’ 

against DAMCO USA, INC. (‘‘DAMCO 

US’’), DAMCO A/S and A.P. MOLLERMAERSK A/S (‘‘MAERSK’’), hereinafter 

‘‘Respondents’’. Complainant asserts that 

it is a corporation organized and 

existing pursuant to the laws of India 

and registered as a foreign corporation 

in the State of Virginia and a duly 

licensed and bonded non-vesseloperating common carrier (‘‘NVOCC’’). 

Complainant alleges that Respondent 

DAMCO US is a Delaware corporation 

and a licensed NVOCC and freight 

forwarder, that Respondent DAMCO 

A/S is a corporation organized and 

existing pursuant to the laws of 

Denmark and an NVOCC registered with 

the Commission; and that Respondent 

MAERSK is a corporation organized and 

existing pursuant to the laws of 

Denmark and a vessel-operating 

common carrier operating in the U.S. 

global trades. 

Complainant asserts that Respondents 

violated Sections 8(a)(1), 10(b)(2)(A), 

10(b)(11), 10(b)(13) and 10(d)(1) of the 

Shipping Act of 1984, 46 U.S.C. 

40501(a)(1), 41104(2) and (11), 41103(a) 

and 41102(c). Complainant alleges that 

Respondent DAMCO A/S provided 

NVOCC services to Complainant. 

DAMCO A/S retained MAERSK as the 

ocean common carrier and DAMCO US 

as delivery agent for the shipments at 

issue. Complainant alleges that 

Respondent DAMCO US ‘‘invoiced and 

attempted to collect amounts from 

Complainant for demurrage and 

detention’’ on the shipments at issue 

and that ‘‘DAMCO A/S’ published tariff 

did not contain any demurrage and 

detention provisions * * *.’’ 

Complainant alleges that Respondent 

DAMCO US has ‘‘made * * * false 

representations, misleading statements 

or omissions in a Complaint (* * *) 

filed in the United States District Court 

for the Eastern District of Virginia’’ 

pertaining to the same shipping 

transactions. Complainant also alleges 

that Respondents ‘‘have repeatedly 

utilized a ‘bait and switch’ scheme 

* * * in misleading the shipping 

public, including DRAFT, * * * by 

utilizing DAMCO US, DAMCO A/S, and 

MAERSK as interchangeable parts’’ and 

that the scheme is a ‘‘practice.’’ 

Complainants assert that by using this 

scheme Respondents ‘‘knowingly 

disclosed, offered, solicited and 

received information concerning the 

nature, kind, quantity, destination, 

shipper, consignee, and routing of the 

property * * * without the consent of 

DRAFT and us(ed) that information to 

the detriment and disadvantage to 

DRAFT.’’ Complainant asserts that it 

‘‘has lost significant business to 

MAERSK generated by its Indian 

accounts related to subject shipments.’’ 

Complainant states that as a direct 

result of Respondents’ violations of the 

Shipping Act, it has suffered injury. 

Complainant requests the Commission: 

compel Respondents to answer the 

complaint; find Respondents in 

violation of the Shipping Act; award 

reparations to Complainant in the 

amount of $20,725.00 ‘‘for amounts paid 

for demurrage and detention’’, and 

$150,000 for lost business and clients; 

pay interest, costs and attorneys’ fees; 

order Respondents to ‘‘cease and desist 

in the action filed in the United States 

District Court, Eastern District of 

Virginia * * * and to cease and desist 

in attempting to collect amounts for 

demurrage and detention in the amount 

of $174,412.50; and impose any other 

relief as the Commission determines to 

be proper, fair, and just. 

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 November 9, 2011 and the 

final decision of the Commission shall 

be issued by March 8, 2012. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–28726 Filed 11–15–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Establishment of the Independence 

Advisory Council 

AGENCY: Department of Health and 

Human Services. 

ACTION: Notice. 

Authority: The Independence Advisory 

Council is authorized under section 3207 of 

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