Verucci Motorcylces LLC v. Senator International Ocean, LLC; Notice of Filing of Complaint and Assignment, 17100-17101 [E6-4930]

Download as PDF wwhite on PROD1PC61 with NOTICES 17100 Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before June 5, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your all Paperwork Reduction Act (PRA) comments by email or U.S. postal mail. To submit your comments by e-mail send them to PRA@fcc.gov. To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to PRA@fcc.gov or contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–01041. Title: Remedial Measures for Failure to Construct Digital Television Stations (DTV Policy Statement). Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities; Not-for-profit institutions. Number of Respondents: 400. Estimated Time per Response: 0.50— 2 hours. Frequency of Response: On occasion reporting requirement. Total Annual Burden: 460 hours. Total Annual Cost: $304,000. Privacy Impact Assessment: No impact(s). Needs and Uses: On April 16, 2003, the FCC released a Report and Order and Memorandum Opinion and Order on Reconsideration, In the Matter of Remedial Steps for Failure to Comply with Digital Television Construction Schedule, MM Docket No. 02–113, FCC 03–77. The Commission adopted a series of remedial measures for stations that fail to construct their digital VerDate Aug<31>2005 16:10 Apr 04, 2006 Jkt 208001 television (DTV) facilities in a timely fashion and fail to justify an extension of their DTV construction deadline. Stations will be subject to periodic reporting requirements. Under the first step, the Commission will deny the request for an unqualified extension and admonish the station for its failure to comply with its DTV construction obligation. The station must submit a report within thirty days outlining the steps it intends to take to complete construction and the approximate date that it expects to reach each of these construction milestones. Sixty days after its initial report, the station must submit a report detailing its progress on meeting its proposed construction milestones and justifying any delays it has encountered. Under the second step in the approach, if the station has not come into compliance with the DTV construction rule within a six-month period, then, absent extraordinary and compelling circumstances, the Commission will issue a Notice of Apparent Liability for forfeiture to the licensee and require that the station report every thirty days on its proposed construction milestones and its efforts to meet those milestones. Once again, failure to adequately demonstrate that the station was taking all reasonable steps towards construction and to justify any additional delays that were encountered will result in the imposition of additional sanctions. Under the third and final step in the approach, if the station still had failed to come into compliance with the DTV construction rule within an additional six-month period of time (i.e., one year from the date of the formal admonition), then, absent extraordinary and compelling circumstances, the Commission will consider its construction permit for its DTV facilities to have expired and will rescind the station’s DTV authorization. The Commission concluded that no hearing was necessary prior to rescinding the station’s DTV authorization. The Commission also concluded that it would not make the station’s vacant DTV allotment available. The Commission also announced that the station will be required to surrender its analog authorization at the end of the DTV transition. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6–4769 Filed 4–4–06; 8:45 am] BILLING CODE 6712–10–P PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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 an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s Office of Agreements (202–523–5793 or tradeanalysis@fmc.gov). Agreement No.: 011284–059. Title: Ocean Carrier Equipment Management Association Agreement. Parties: APL Co. Pte. Ltd.; American President Lines, Ltd.; A.P. MollerMaersk A/S; CMA CGM, S.A.; Compania Sudamericana de Vapores, S.A.; CP Ships (USA) LLC; Crowley Maritime Corporation; Evergreen Marine Corp. (Taiwan) Ltd.; Hanjin Shipping Co., ¨ Ltd.; Hamburg-Sud; Hapag-Lloyd Container Linie GmbH; Hyundai Merchant Marine Co. Ltd.; Mitsui O.S.K. Lines Ltd.; Contship Containerlines; Australia-New Zealand Direct Line; Orient Overseas Container Line Limited; Nippon Yusen Kaisha Line; Yangming Marine Transport Corp.; COSCO Containerlines Company Limited; and Kawasaki Kisen Kaisha, Ltd. Filing Party: Jeffrey F. Lawrence, Esq. and Donald J. Kassilke, Esq.; Sher & Blackwell LLP; 1850 M Street, NW., Suite 900; Washington, DC 20036. Synopsis: The amendment updates Maersk’s trade name, deletes P&O Nedlloyd Limited and P&O Nedlloyd B.V. as parties to the agreement, and adds Crowley Maritime Corporation as a party. By Order of the Federal Maritime Commission. Dated: March 31, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6–4928 Filed 4–4–06; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 06–05] Verucci Motorcylces LLC v. Senator International Ocean, LLC; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by Verucci Motorcycles, LLC., (‘‘Complainant’’), against Senator International Ocean, LLC, (‘‘Respondent’’). Complainant asserts E:\FR\FM\05APN1.SGM 05APN1 17101 Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices that it is a limited liability company engaged in the business of manufacturing and wholesale distribution of motorcycles and scooters. Complainant contends that Respondent Senator International Ocean, LLC. is a licensed international freight forwarder, Customs Broker, and NVOCC. Complainant asserts that in September of 2005 it agreed to use Respondent’s services for freight forwarding and customs brokerage in connection with their importation of scooters and motorcycles from China to the USA and Puerto Rico. Complainant asserts that Respondent failed to fulfill its transportation obligations, leading to delays and financial losses to Complainant. Complainant further contends that the actions of Respondent violate Section 10 of the Shipping Act of 1984 (‘‘The Act’’) by committing the following prohibited acts: Misdeclarations of cargo; unfilled agreements; failure to carry out transportation obligations resulting in cargo delays and financial losses for shippers; unfair or unjust discriminatory practices; and unreasonable refusal to deal or negotiate. In addition, Complainant contends that Respondent violated 46 CFR 515.31(d) by not exercising due diligence and negligently providing fraudulent information in shipping documents, and withholding information from its principal. Complainant prays that the Commission require the Respondent to: Answer the charges; cease and desist from the aforesaid violations; establish and put in force such practices as the Commission determines to be lawful and reasonable; pay Complainant by way of reparations $3,841,825.00 plus interest and attorney’s fees or such other 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 circumstances. 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 April 2, 2007, and the final decision of the Commission shall be issued by July 31, 2007. Bryant L. VanBrakle, Secretary. [FR Doc. E6–4930 Filed 4–4–06; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Reissuances Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984, (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. License No. Name/address 018442F ............................... 004286NF ............................ AAC Perishables Logistics, Inc., 6300 NW 97th Avenue, Miami, FL 33178 .............. Joseph Esposito dba Mondo Comm International Ltd., 17 Main Street, Bloomington, NJ 07403. M.O.T. Intermodal Shipping (NY) Inc., 1200–A Scottsville Road, Rochester, NY 14624. 018454F ............................... Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E6–4926 Filed 4–4–06; 8:45 am] Intermediaries, Federal Maritime Commission, Washington, DC 20573. BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION wwhite on PROD1PC61 with NOTICES Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-VesselOperating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation VerDate Aug<31>2005 16:10 Apr 04, 2006 Jkt 208001 Date reissued Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants Caribbean Enterprises, Inc., 1032 River Street, Hyde Park, MA 02136. Officers: Michael Cummins, President (Qualifying Individual); Stephen O. Harris, Vice President. Young-Ko Trans Co., Ltd., 21818 S. Wilmington Ave., Suite 408, Long Beach, CA 90810. Officers: Scott J. Kim, Treasurer (Qualifying Individual); Hong Koo Chung, President. OTS Logistics, 18712 Miguel Avenue, Cerritos, CA 90703. Simon Hwang, Sole Proprietor. Pantrac Ocean Liner Corp., Brooklyn Navy Yard (Unit 315), 63 Flushing Avenue, Brooklyn, NY 11205. Officers: Benjamin Hamalian, President (Qualifying Individual); Hermine Hamalian, Chairman. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 January 6, 2006. February 2, 2006. February 5, 2006. Forman Shipping USA, Inc., 21148 Figueroa Street, Carson, CA 90745. Officers: Han Kylung Lee, CFO (Qualifying Individual); Ki Tae Kim, CEO. Pronto Freight Solution, Inc., One Cross Island Plaza, Suite 121, Rosedale, NY 11422. Officer: Xi Yin, President (Qualifying Individual). Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants Protrans International, Inc., 117 W. Main Street, Plainfield, IN 46168. Officers: Marino J. Diaz, Vice President; Aldo Wrves, Vice President; Timothy J. Gartner, Vice President (Qualifying Individuals), Craig Roeder, President. United Global Logistics dba United Global Logistics, LLC, 1139 East Jersey Street, Elizabeth, NJ 07208. Officer: Yudy Zuniga-Soto, Owner (Qualifying Individual). E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17100-17101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4930]


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FEDERAL MARITIME COMMISSION

[Docket No. 06-05]


Verucci Motorcylces LLC v. Senator International Ocean, LLC; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Verucci Motorcycles, LLC., 
(``Complainant''), against Senator International Ocean, LLC, 
(``Respondent''). Complainant asserts

[[Page 17101]]

that it is a limited liability company engaged in the business of 
manufacturing and wholesale distribution of motorcycles and scooters. 
Complainant contends that Respondent Senator International Ocean, LLC. 
is a licensed international freight forwarder, Customs Broker, and 
NVOCC. Complainant asserts that in September of 2005 it agreed to use 
Respondent's services for freight forwarding and customs brokerage in 
connection with their importation of scooters and motorcycles from 
China to the USA and Puerto Rico. Complainant asserts that Respondent 
failed to fulfill its transportation obligations, leading to delays and 
financial losses to Complainant. Complainant further contends that the 
actions of Respondent violate Section 10 of the Shipping Act of 1984 
(``The Act'') by committing the following prohibited acts: 
Misdeclarations of cargo; unfilled agreements; failure to carry out 
transportation obligations resulting in cargo delays and financial 
losses for shippers; unfair or unjust discriminatory practices; and 
unreasonable refusal to deal or negotiate. In addition, Complainant 
contends that Respondent violated 46 CFR 515.31(d) by not exercising 
due diligence and negligently providing fraudulent information in 
shipping documents, and withholding information from its principal. 
Complainant prays that the Commission require the Respondent to: Answer 
the charges; cease and desist from the aforesaid violations; establish 
and put in force such practices as the Commission determines to be 
lawful and reasonable; pay Complainant by way of reparations 
$3,841,825.00 plus interest and attorney's fees or such other 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 circumstances.
    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 April 2, 
2007, and the final decision of the Commission shall be issued by July 
31, 2007.

Bryant L. VanBrakle,
Secretary.
 [FR Doc. E6-4930 Filed 4-4-06; 8:45 am]
BILLING CODE 6730-01-P
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