Order of Investigation and Hearing; Anderson International Transport and Owen Anderson-Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984, 43638-43639 [E7-15176]

Download as PDF 43638 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: July 26, 2007. Deborah Y. Dietrich, Director, Office of Emergency Management. [FR Doc. E7–15238 Filed 8–3–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested sroberts on PROD1PC70 with NOTICES July 30, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested 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 PRA comments should be submitted on or before October 5, 2007. 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 all PRA comments by email or U.S. mail. To submit your comments by email, send VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 them to PRA@fcc.gov and to Jasmeet_K._Seehra@omb.eop.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, and Jasmeet Seehra, Office of Management and Budget (OMB) Desk Officer, Room 10236 NEOB, 725 17th Street, NW., Washington, DC 20503. 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–XXXX. Title: Section 225 and 255 Interconnected voice over Internet Protocol Services (VoIP). Form Number: N/A. Type of Review: New collection. Respondents: Business or other forprofit entities; not-for-profit institutions. Number of Respondents: 5,711. Estimated Time per Response: 10–20 hours. Frequency of Response: Occasional reporting requirements; recordkeeping; third party disclosure. Obligation to Respond: Mandatory. Total Annual Burden: 57,110–114,220 hours. Total Annual Cost: $ 11,422,000. Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personal identifiable information (PII) from individuals. Privacy Impact Assessment: No. Needs and Uses: On June 15, 2007, the Commission released a Report and Order, In the Matters of IP-Enabled Services; Implementation of sections 225 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996: Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; the Use of N11 Codes and Other Abbreviated Dialing Arrangements, FCC 07–110. FCC 07–110 extends the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended (the Act), to providers of ‘‘interconnected voice over Internet Protocol (VoIP) services,’’ as defined by the Commission, and to PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 manufacturers of specially designed equipment used to provide those services. In addition, the Commission extends to interconnected VoIP providers the Telecommunications Relay Services requirements contained in its regulations, pursuant to section 225(b)(1) of the Act. As applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment, several requirements adopted by FCC 07–110 contain new or modified information collection requirements that have not been approved by OMB, and on which the Commission must seek comment under the PRA. For example, several rules that FCC 07–110 extends to interconnected VoIP providers and/or equipment manufacturers contain procedures governing a provider or manufacturer’s obligation to respond to an informal consumer complaint. Other rules detail VoIP providers’ and VoIP equipment manufacturers’ duty to make available to the public certain information concerning their respective services or products. In particular, the following rules, as applied to interconnected VoIP providers and to manufacturers of specialized VoIP equipment and customer premises equipment, contain new or modified information collection requirements: 47 CFR 6.11(a), 6.11(b), 6.18(b), 6.19, 64.604(a)(5), 64.604(c)(1)(i), 64.604(c)(1)(ii), 64.604(c)(2), 64.604(c)(3), 64.604(c)(5)(iii)(C), 64.604(c)(5)(iii)(E), 64.604(c)(5)(iii)(G), 64.604(c)(6)(v)(A)(3), 64.604(c)(6)(v)(G), 64.604(c)(7), and 64.606(b). The Commission will publish a separate document in the Federal Register announcing the effective date of those rules upon OMB approval. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–15083 Filed 8–3–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. 07–02] Order of Investigation and Hearing; Anderson International Transport and Owen Anderson—Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 Anderson International Transport and Owen Anderson Anderson International Transport (‘‘AIT’’) is located at 9045 Knight Road, Houston, Texas. Other business addresses listed on AIT’s bills of lading are 4939 West Orem, Suite 4 & 6, E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices sroberts on PROD1PC70 with NOTICES Houston, Texas and 14023 South Post Oak Road, Houston, Texas. AIT is owned by Owen Anderson (‘‘Mr. Anderson’’). An assumed name certificate for Anderson International Transport, 4939 West Orem Drive, Houston, Texas was filed by Mr. Anderson on February 18, 2005, in Harris County, Texas. AIT is not incorporated. Based on evidence available to the Commission, it appears that Mr. Anderson and AIT have knowingly and willfully provided transportation services as a non-vessel operating common carrier (‘‘NVOCC’’) in the United States without obtaining an ocean transportation intermediary (‘‘OTI’’) license from the Commission, without providing proof of financial responsibility and without publishing a tariff showing its rates and charges. It appears that Mr. Anderson and AIT have originated a minimum of fifteen ocean export shipments during the period January 5, 2005 through October 19, 2006. Section 8(a) of the 1984 Act, 46 U.S.C. 40501, requires an NVOCC to maintain open to public inspection in an automated tariff system, tariffs showing its ‘‘rates, charges, classifications, rule, and practices.’’ The Commission’s regulations at 46 CFR 520.3 affirm this statutory requirement by directing each NVOCC to notify the Commission, prior to providing transportation services of the location and publisher of its tariffs by filing Form FMC–1. Section 19 of the 1984 Act, 46 U.S.C. 40901 and 40902, prohibits any person from acting as an OTI 1 in the United States prior to being issued a license from the Commission and obtaining a valid bond, proof of insurance, or other surety in a form and amount determined by the Commission to ensure financial responsibility. The Commission’s regulations at 46 CFR 515.21 mandate that the bond, proof of insurance, or other surety evidencing the financial responsibility of an OTI shall be in the amount of $50,000 for freight forwarders and $75,000 for NVOCCs. Furthermore, pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107, a party is subject to a civil penalty of not more than $30,000 for each violation knowingly and willfully committed, and not more than $6,000 for other violations.2 Each shipment is a separate violation. 1. An ocean transportation intermediary is defined by section 3(17) of the 1984 Act, 46 U.S.C. 40102(17), as either a freight forwarder or a nonvessel-operating common carrier. 2. These penalty amounts reflect an adjustment for inflation pursuant to the Commission’s regulations at 46 CFR Part 506. VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 Now therefore, it is ordered, That pursuant to section 11(c) of the 1984 Act, 46 U.S.C. 41302, an investigation is instituted to determine: (1) Whether Owen Anderson and Anderson International Transport violated section 8 of the 1984 Act and the Commission’s regulations at 46 CFR Part 520 by operating as an NVOCC without publishing tariffs showing rates and charges; (2) whether Owen Anderson and Anderson International Transport violated sections 19(a) and (b) of the 1984 Act and the Commission’s regulations at 46 CFR Part 515 by operating as an OTI in the U.S. foreign trades without obtaining a license from the Commission and without providing proof of financial responsibility in the form of surety bonds; (3) whether, in the event one or more violations of the 1984 Act or the Commission’s regulations are found, civil penalties should be assessed and, if so, the amount of the penalties to be assessed; and (4) whether, in the event violations are found, appropriate cease and desist orders should be issued against Owen Anderson and Anderson International Transport; It is further ordered, That a public hearing be held in this proceeding and that this matter be assigned for hearing before an Administrative Law Judge of the Commission’s Office of Administrative Law Judges at a date and place to be hereafter determined by the Administrative Law Judge in compliance with Rule 61 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall include oral testimony and crossexamination in the discretion of the presiding Administrative Law Judge only after consideration has been given by the parties and the presiding Administrative Law Judge to the use of alternative forms of dispute resolution, and upon a 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 matters in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record; It is further ordered, That Owen Anderson and Anderson International Transport are designated as Respondents in this proceeding; It is further ordered, That the Commission’s Bureau of Enforcement is designated a party to this proceeding; It is further ordered, That notice of this Order be published in the Federal PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 43639 Register, and a copy be served on the parties of record; It is further ordered, That other persons having an interest in participating in this proceeding may file petitions for leave to intervene in accordance with Rule 72 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.72; It is further ordered, That all further notices, orders, and/or decisions issued by or on behalf of this Commission in this proceeding, include notice of the time and place of hearing or prehearing conference, shall be served on parties of record; It is further ordered, That all documents submitted by any party of record in this proceeding shall be directed to the Secretary, Federal Maritime Commission, Washington, DC 20573, in accordance with Rule 118 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.118, and shall be served on parties of record; and It is further ordered, That in accordance with Rule 61 of the Commission’s Rules of Practice and Procedure, the initial decision of the Administrative Law Judge shall be issued by March 21, 2008 and the final decision of the Commission shall be issued by July 21, 2008. By the Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E7–15176 Filed 8–3–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 07–07] Order of Investigation and Hearing; Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping Corp. and Julio Mateo—Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 and the Commission’s Regulations at 46 CFR Parts 515 and 520 Embarque Puerto Plata, Corp. was incorporated in the State of New York on November 17, 1992, and subsequently dissolved by proclamation. Embarque Puerto Plata Inc. was incorporated in the State of New York on April 28, 2005. Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. (‘‘Embarque’’) listed its office address as 1426 Cromwell Avenue, Bronx, New York 10451. Recent indications, however, are that Embarque is currently operating at 381 E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43638-43639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15176]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-02]


 Order of Investigation and Hearing; Anderson International 
Transport and Owen Anderson--Possible Violations of Sections 8(a) and 
19 of the Shipping Act of 1984

Anderson International Transport and Owen Anderson

    Anderson International Transport (``AIT'') is located at 9045 
Knight Road, Houston, Texas. Other business addresses listed on AIT's 
bills of lading are 4939 West Orem, Suite 4 & 6,

[[Page 43639]]

Houston, Texas and 14023 South Post Oak Road, Houston, Texas. AIT is 
owned by Owen Anderson (``Mr. Anderson''). An assumed name certificate 
for Anderson International Transport, 4939 West Orem Drive, Houston, 
Texas was filed by Mr. Anderson on February 18, 2005, in Harris County, 
Texas. AIT is not incorporated.
    Based on evidence available to the Commission, it appears that Mr. 
Anderson and AIT have knowingly and willfully provided transportation 
services as a non-vessel operating common carrier (``NVOCC'') in the 
United States without obtaining an ocean transportation intermediary 
(``OTI'') license from the Commission, without providing proof of 
financial responsibility and without publishing a tariff showing its 
rates and charges. It appears that Mr. Anderson and AIT have originated 
a minimum of fifteen ocean export shipments during the period January 
5, 2005 through October 19, 2006.
    Section 8(a) of the 1984 Act, 46 U.S.C. 40501, requires an NVOCC to 
maintain open to public inspection in an automated tariff system, 
tariffs showing its ``rates, charges, classifications, rule, and 
practices.'' The Commission's regulations at 46 CFR 520.3 affirm this 
statutory requirement by directing each NVOCC to notify the Commission, 
prior to providing transportation services of the location and 
publisher of its tariffs by filing Form FMC-1. Section 19 of the 1984 
Act, 46 U.S.C. 40901 and 40902, prohibits any person from acting as an 
OTI \1\ in the United States prior to being issued a license from the 
Commission and obtaining a valid bond, proof of insurance, or other 
surety in a form and amount determined by the Commission to ensure 
financial responsibility. The Commission's regulations at 46 CFR 515.21 
mandate that the bond, proof of insurance, or other surety evidencing 
the financial responsibility of an OTI shall be in the amount of 
$50,000 for freight forwarders and $75,000 for NVOCCs.
---------------------------------------------------------------------------

    \1.\ An ocean transportation intermediary is defined by section 
3(17) of the 1984 Act, 46 U.S.C. 40102(17), as either a freight 
forwarder or a non-vessel-operating common carrier.
---------------------------------------------------------------------------

    Furthermore, pursuant to section 13 of the 1984 Act, 46 U.S.C. 
41107, a party is subject to a civil penalty of not more than $30,000 
for each violation knowingly and willfully committed, and not more than 
$6,000 for other violations.\2\ Each shipment is a separate violation.
---------------------------------------------------------------------------

    \2.\ These penalty amounts reflect an adjustment for inflation 
pursuant to the Commission's regulations at 46 CFR Part 506.
---------------------------------------------------------------------------

    Now therefore, it is ordered, That pursuant to section 11(c) of the 
1984 Act, 46 U.S.C. 41302, an investigation is instituted to determine:
    (1) Whether Owen Anderson and Anderson International Transport 
violated section 8 of the 1984 Act and the Commission's regulations at 
46 CFR Part 520 by operating as an NVOCC without publishing tariffs 
showing rates and charges;
    (2) whether Owen Anderson and Anderson International Transport 
violated sections 19(a) and (b) of the 1984 Act and the Commission's 
regulations at 46 CFR Part 515 by operating as an OTI in the U.S. 
foreign trades without obtaining a license from the Commission and 
without providing proof of financial responsibility in the form of 
surety bonds;
    (3) whether, in the event one or more violations of the 1984 Act or 
the Commission's regulations are found, civil penalties should be 
assessed and, if so, the amount of the penalties to be assessed; and
    (4) whether, in the event violations are found, appropriate cease 
and desist orders should be issued against Owen Anderson and Anderson 
International Transport;
    It is further ordered, That a public hearing be held in this 
proceeding and that this matter be assigned for hearing before an 
Administrative Law Judge of the Commission's Office of Administrative 
Law Judges at a date and place to be hereafter determined by the 
Administrative Law Judge in compliance with Rule 61 of the Commission's 
Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall 
include oral testimony and cross-examination in the discretion of the 
presiding Administrative Law Judge only after consideration has been 
given by the parties and the presiding Administrative Law Judge to the 
use of alternative forms of dispute resolution, and upon a 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 matters in issue is such that 
an oral hearing and cross-examination are necessary for the development 
of an adequate record;
    It is further ordered, That Owen Anderson and Anderson 
International Transport are designated as Respondents in this 
proceeding;
    It is further ordered, That the Commission's Bureau of Enforcement 
is designated a party to this proceeding;
    It is further ordered, That notice of this Order be published in 
the Federal Register, and a copy be served on the parties of record;
    It is further ordered, That other persons having an interest in 
participating in this proceeding may file petitions for leave to 
intervene in accordance with Rule 72 of the Commission's Rules of 
Practice and Procedure, 46 CFR 502.72;
    It is further ordered, That all further notices, orders, and/or 
decisions issued by or on behalf of this Commission in this proceeding, 
include notice of the time and place of hearing or prehearing 
conference, shall be served on parties of record;
    It is further ordered, That all documents submitted by any party of 
record in this proceeding shall be directed to the Secretary, Federal 
Maritime Commission, Washington, DC 20573, in accordance with Rule 118 
of the Commission's Rules of Practice and Procedure, 46 CFR 502.118, 
and shall be served on parties of record; and
    It is further ordered, That in accordance with Rule 61 of the 
Commission's Rules of Practice and Procedure, the initial decision of 
the Administrative Law Judge shall be issued by March 21, 2008 and the 
final decision of the Commission shall be issued by July 21, 2008.

    By the Commission.
Bryant L. VanBrakle,
Secretary.
 [FR Doc. E7-15176 Filed 8-3-07; 8:45 am]
BILLING CODE 6730-01-P