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]
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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
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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
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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
