Notice of Agreements Filed, 32665-32666 [E7-11411]
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Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices
7. A copy of this Hearing Designation
Order or a summary thereof SHALL BE
PUBLISHED in the Federal Register.
8. This action is taken under
delegated authority pursuant to §§ 0.131
and 0.331 of the Commission’s rules, 47
CFR 0.131, 0.331.
Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. E7–11231 Filed 6–12–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 07–108; DA 07–2183]
Jack R. Sharples, Application for New
License in the Amateur Radio Service
Federal Communications
Commission.
AGENCY:
ACTION:
Notice.
In this document, the
Commission initiates a hearing
proceeding before a Commission
Administrative Law Judge to determine
whether an application for a new
license in the Amateur Radio Service
Station filed by Jack R. Sharples should
be granted.
SUMMARY:
The document was mailed to the
party on May 24, 2007.
DATES:
Federal Communications
Commission, 445 12th St., SW.,
Washington, DC 20554.
ADDRESSES:
Gary
Schonman, Enforcement Bureau, at
Gary.Schonman@fcc.gov or (202) 418–
1795 or TTY (202) 418–1152.
FOR FURTHER INFORMATION CONTACT:
This is a
summary of the Hearing Designation
Order in WT Docket No. 07–108, DA
07–2183, adopted by the Commission’s
Wireless Telecommunications Bureau
on May 23, 2007, and released on May
24, 2007. The full text of this document
is available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street,
SW., Washington, DC 20554. The
complete text may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
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SUPPLEMENTARY INFORMATION:
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Synopsis of the Order
1. In this Hearing Designation Order
the Commission initiates a hearing
proceeding before a Commission
Administrative Law Judge to determine
whether an application for a new
license in the Amateur Radio Service
filed by Jack R. Sharples should be
granted. The record before the
Commission indicates that Sharples is a
convicted felon and registered sexual
predator, which raises a substantial and
material question of fact as to whether
Castle possesses the requisite character
qualification to be and remain a
Commission licensee. Because we are
unable to make a determination on the
record currently before us that grant of
Sharples’s application to renew his
amateur license would serve the public
interest, convenience, and necessity, we
hereby designate the application for
hearing, as required by 47 U.S.C. 309(e)
of the Communications Act of 1934, as
amended.
2. Pursuant to sections 4(i) and 309(e)
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and 309(e),
the captioned application IS
DESIGNATED FOR HEARING in a
proceeding before an FCC
Administrative Law Judge, at a time and
place to be specified in a subsequent
Order, upon the following issues:
(a) To determine the effect of Jack R.
Sharples’s felony adjudication(s) on his
qualifications to be licensed by the
Commission.
(b) In light of the evidence adduced
pursuant to the foregoing issue, to
determine whether Jack R. Sharples is
qualified to be a Commission licensee.
(c) In light of the evidence adduced
pursuant to the foregoing issues, to
determine whether the captioned
application filed by Jack R. Sharples
should be granted.
2. Pursuant to section 4(i) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and
§ 1.221(c) of the Commission’s rules, 47
CFR 1.221(c), in order to avail himself
of the opportunity to be heard, Jack R.
Sharples, in person or by his attorney,
SHALL FILE with the Commission,
within twenty days of the mailing of
this Hearing Designation Order to him,
a written appearance stating that he will
appear on the date fixed for hearing and
present evidence on the issues specified
herein.
3. Pursuant to § 1.221(c) of the
Commission’s Rules, 47 CFR 1.221(c), if
Jack R. Sharples fails to file a written
appearance within the twenty-day
period, or has not filed prior to the
expiration of the twenty-day period, a
petition to dismiss without prejudice, or
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32665
a petition to accept, for good cause
shown, a written appearance beyond the
expiration of the twenty-day period, the
Presiding Administrative Law Judge
SHALL DISMISS the captioned
application with prejudice for failure to
prosecute.
4. The Chief, Enforcement Bureau,
shall be made a party to this proceeding
without the need to file a written
appearance.
5. Pursuant to sections 4(i) and 309(e)
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and 309(e),
the burden of proceeding with the
introduction of evidence and the burden
of proof with respect to all of the issues
specified above SHALL BE on Jack R.
Sharples.
6. A copy of this Hearing Designation
Order or a summary thereof SHALL BE
PUBLISHED in the Federal Register.
7. This action is taken under
delegated authority pursuant to §§ 0.131
and 0.331 of the Commission’s Rules, 47
CFR 0.131, 0.331.
Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division.
[FR Doc. E7–11243 Filed 6–12–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on agreements 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.: 011906–001.
Title: HSDG/ELJSA Space Charter
Agreement.
Parties: Hamburg Sud and Evergreen
Marine Corp. (Taiwan) Ltd.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment would
substitute Evergreen Line Joint Service
Agreement (‘‘ELJSA’’) for Evergreen
Marine Corp. and address ELJSA’s
obligations in light of this substitution.
It would also clarify Article 10 and
rename and restate the agreement.
Agreement No.: 011998–001.
Title: CSAV/EUKOR Venezuela Space
Charter Agreement.
Parties: EUKOR Car Carriers, Inc. and
Compania Sud Americana de Vapores.
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32666
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices
Filing Party: Walter H. Lion, Esq.;
McLaughlin & Stern, LLP; 260 Madison
Ave.; New York, NY 10016.
Synopsis: The amendment adds the
port of Jacksonville, Florida, to the
geographic scope of the agreement.
Agreement No.: 012003.
Title: APL/CMA CGM/HMM/MOL
China/U.S. East Coast Via Panama
Vessel Sharing Agreement.
Parties: APL Co. Pte Ltd.; American
President Lines, Ltd.; CMA CGM S.A.;
Hyundai Merchant Marine Co., Ltd.; and
Mitsui O.S.K. Lines, Ltd.
Filing Party: David B. Cook, Esq.;
Goodwin Proctor LLP; 901 New York
Avenue, NW.; Washington, DC 20001.
Synopsis: The agreement authorizes
the parties to share vessel space and
engage in related cooperative activities
in the trade between China (including
Hong Kong) and Panama and the U.S.
East Coast.
Agreement No.: 012004.
Title: HMM/ELJSA Slot Exchange
Agreement.
Parties: Hyundai Merchant Marine
Co., Ltd. and Evergreen Line Joint
Service Agreement.
Filing Party: Paul M. Keane, Esq.;
Cichanowicz, Callan, Keane, Vengrow &
Textor, LLP; 61 Broadway; Suite 3000;
New York, NY 10006–2802.
Synopsis: The agreement authorizes
the parties to exchange container slots
in the trade between U.S. East Coast
ports and ports in China, Japan, South
Korea, Taiwan, and Panama. This
agreement replaces an earlier agreement
between the parties in the trade.
sroberts on PROD1PC70 with NOTICES
Agreement No.: 201162–002.
Title: NYSA–ILA Assessment
Agreement.
Parties: New York Shipping
Association, Inc. and the International
Longshoremen’s Association, AFL–CIO
for the Port of New York and New
Jersey.
Filing Parties: Richard P. Lerner, Esq.;
The Lambos Firm; 29 Broadway—9th
Floor; New York, NY 10006; and Andre
Mazzola, Esq.; Gleason, Marrinan &
Mazzola Mardon, P.C.; 26 Broadway—
17th Floor; New York, NY 10004.
Synopsis: The amendment revises and
sets assessment rates for certain
containers.
By Order of the Federal Maritime
Commission.
Dated: June 8, 2007.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E7–11411 Filed 6–12–07; 8:45 am]
BILLING CODE 6730–01–P
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FEDERAL MARITIME COMMISSION
[Docket No. 07–05]
K.E.I. Enterprise d/b/a KEI Logix v.
Greenwest Activewear, Inc.; Notice of
Filing of Complaint and Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (‘‘Commission’’) by K.E.I.
Enterprise d/b/a KEI Logix.
Complainant asserts that it is a
corporation formed and existing under
the laws of the State of California and
is licensed by the Commission as a NonVessel-Operating Common Carrier.
Complainant alleges that Respondent,
Greenwest Activewear, Inc., is an
exporter of fabric and other goods that
has its principal place of business in
California. Complainant also alleges that
Respondent’s place of incorporation is
unknown.
Complainant asserts that it
transported fabric from the United
States to Guatemala on behalf of
Respondent on an ongoing basis during
2006. Complainant contends that
Respondent refused to pay freight due
on other shipments as a result of
Complainant’s denial to fulfill a claim
filed by Respondent for cargo stolen
while in transit by an inland carrier in
Guatemala. Accordingly, Complainant
refused to release these other shipments.
Complainant claims that a compromise
was reached whereby Respondent
agreed to pay Complainant freight due
in the amount of $101,019.08, and
Complainant would release all of
Respondent’s cargo. Complainant avers
that, pursuant to the compromise, on
May 16, 2007, Respondent delivered
three postdated checks totaling
$101,019.08, and Complainant
subsequently released Respondent’s
cargo on that same day. On May 17,
2007, Complainant asserts that it was
informed by Respondent’s bank that
Respondent had placed a stop payment
order on the postdated checks totaling
$101,019.08.
Complainant contends that
Respondent violated of the Shipping
Act of 1984 (‘‘the Shipping Act’’) by
inducing Complainant to relinquish the
cargo and lose its possessory maritime
lien when it purportedly made payment
of freight by postdated checks, knowing
that it would stop payment on such
checks once Complainant released the
cargo. Complainant asserts that
Respondent knowingly and willfully, by
means of unjust or unfair device,
obtained ocean transportation for
property at less than the rates or charges
that Complainant would otherwise
apply. 46 U.S.C. 41102(a).
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Complainant asserts that it has been
injured and damaged in the sum of
$108,019.08. Complainant requests that
the Commission require Respondent to:
(1) Answer the charges in the subject
complaint; (2) cease and desist from the
aforesaid violation of the Shipping Act;
and (3) pay to Complainant by way of
reparations the sum of $108,019.08 with
interest and attorney’s fees and any
other sums as the Commission
determines to be proper under the
Shipping Act. 46 U.S.C. 41305(b).
Additionally, Complainant requests that
the Commission issue further order(s) as
it determines to be proper in the
premises, and that the hearing be in Los
Angeles, California.
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 June 6, 2008, and the final
decision of the Commission shall be
issued by October 6, 2008.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E7–11402 Filed 6–12–07; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
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 NonVessel—Operating 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. Chapter 409 and
46 CFR 515).
Persons knowing of any reason why
the following applicants should not
receive a license are requested to
contact the Office of Transportation
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Agencies
[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32665-32666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11411]
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FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice of the filing of the following
agreements under the Shipping Act of 1984. Interested parties may
submit comments on agreements 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.: 011906-001.
Title: HSDG/ELJSA Space Charter Agreement.
Parties: Hamburg Sud and Evergreen Marine Corp. (Taiwan) Ltd.
Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M
Street, NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment would substitute Evergreen Line Joint
Service Agreement (``ELJSA'') for Evergreen Marine Corp. and address
ELJSA's obligations in light of this substitution. It would also
clarify Article 10 and rename and restate the agreement.
Agreement No.: 011998-001.
Title: CSAV/EUKOR Venezuela Space Charter Agreement.
Parties: EUKOR Car Carriers, Inc. and Compania Sud Americana de
Vapores.
[[Page 32666]]
Filing Party: Walter H. Lion, Esq.; McLaughlin & Stern, LLP; 260
Madison Ave.; New York, NY 10016.
Synopsis: The amendment adds the port of Jacksonville, Florida, to
the geographic scope of the agreement.
Agreement No.: 012003.
Title: APL/CMA CGM/HMM/MOL China/U.S. East Coast Via Panama Vessel
Sharing Agreement.
Parties: APL Co. Pte Ltd.; American President Lines, Ltd.; CMA CGM
S.A.; Hyundai Merchant Marine Co., Ltd.; and Mitsui O.S.K. Lines, Ltd.
Filing Party: David B. Cook, Esq.; Goodwin Proctor LLP; 901 New
York Avenue, NW.; Washington, DC 20001.
Synopsis: The agreement authorizes the parties to share vessel
space and engage in related cooperative activities in the trade between
China (including Hong Kong) and Panama and the U.S. East Coast.
Agreement No.: 012004.
Title: HMM/ELJSA Slot Exchange Agreement.
Parties: Hyundai Merchant Marine Co., Ltd. and Evergreen Line Joint
Service Agreement.
Filing Party: Paul M. Keane, Esq.; Cichanowicz, Callan, Keane,
Vengrow & Textor, LLP; 61 Broadway; Suite 3000; New York, NY 10006-
2802.
Synopsis: The agreement authorizes the parties to exchange
container slots in the trade between U.S. East Coast ports and ports in
China, Japan, South Korea, Taiwan, and Panama. This agreement replaces
an earlier agreement between the parties in the trade.
Agreement No.: 201162-002.
Title: NYSA-ILA Assessment Agreement.
Parties: New York Shipping Association, Inc. and the International
Longshoremen's Association, AFL-CIO for the Port of New York and New
Jersey.
Filing Parties: Richard P. Lerner, Esq.; The Lambos Firm; 29
Broadway--9th Floor; New York, NY 10006; and Andre Mazzola, Esq.;
Gleason, Marrinan & Mazzola Mardon, P.C.; 26 Broadway--17th Floor; New
York, NY 10004.
Synopsis: The amendment revises and sets assessment rates for
certain containers.
By Order of the Federal Maritime Commission.
Dated: June 8, 2007.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E7-11411 Filed 6-12-07; 8:45 am]
BILLING CODE 6730-01-P