Mitsui O.S.K. Lines Ltd. v. Global Link Logistics, Inc., Olympus Partners, L.P., Olympus Growth Fund III, L.P., Olympus Executive Fund, L.P., Louis J. Mischianti, David Cardenas, Keith Heffernan, CJR World Enterprises, Inc. and Chad J. Rosenberg; Notice of Filing of Complaint and Assignment, 23860-23861 [E9-11755]
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23860
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
Secretary, Federal Communications
Commission.
• The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial mail sent by overnight
mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY). FCC 09–39 can also be
downloaded in Word or Portable
Document Format (PDF) at: https://
www.fcc.gov/cgb/dro/trs.html.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer and
Governmental Affairs Bureau, Disability
Rights Office, at (202) 418–1475 (voice),
(202) 418–0597 (TTY), or e-mail:
Thomas.Chandler@fcc.gov.
This is a
summary of the Commission’s Public
Notice FCC 09–39. Pursuant to 47 CFR
1.415 and 1.419 of the Commission’s
rules, interested parties may file
comments and reply comments on or
before the dates indicated in the DATES
section. The full text of FCC 09–39 and
subsequently filed documents in this
matter are available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. They may also
be purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street, SW., Room CY-B402,
Washington, DC 20554; the contractor’s
Web site, https://www.bcpiweb.com; or
by calling (800) 378–3160. FCC 09–39
and subsequently filed documents in
this matter may also be found by
searching ECFS at https://www.fcc.gov/
cgb/ecfs (insert CG Docket No. 03–123
into the Proceeding block).
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SUPPLEMENTARY INFORMATION:
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Synopsis
On May 1, 2009, pursuant to 47 CFR
64.604(c)(5)(iii)(H) of the Commission
rules, NECA, the Interstate TRS Fund
Administrator, submitted its annual
proposed rates and fund size estimate
for the Interstate TRS Fund for the
period July 1, 2009, through June 30,
2010. NECA proposes the following TRS
per-minute compensation rates for the
2009–2010 Fund year: $1.8311 for
interstate traditional TRS; $2.9621 for
interstate Speech-to-Speech (STS);
$1.6778 for interstate captioned
telephone service (CTS) and interstate
and intrastate Internet Protocol (IP)
captioned telephone service (IP CTS);
and $1.2801 for interstate and intrastate
IP Relay. For interstate and intrastate
VRS, NECA proposes the following
tiered rates: $6.7025 for the first 50,000
monthly minutes, $6.4352 for monthly
minutes between 50,001 and 500,000,
and $6.2372 for minutes above 500,000.
Based on these rates, NECA proposes
a funding requirement of $890,992,075
million and a carrier contribution factor
of 0.01137.
The Commission seeks comment on
NECA’s proposed compensation rates
for traditional TRS, STS, CTS and IP
CTS, IP Relay, and VRS for the period
of July 1, 2009, through June 30, 2010,
as well as the proposed funding
requirement and carrier contribution
factor.
Ordering Clause
Pursuant to Sections 1, 4(i) and (o),
225, 303(r), 403, 624(g), and 706 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) and (o),
225, 303(r), 403, 554(g), and 606, the
Public Notice is adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9–11935 Filed 5–20–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
PO 00000
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Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than June 5,
2009.
A. Federal Reserve Bank of Kansas
City (Todd Offenbacker, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Relational Investors LLC; Relational
Investors Mid Cap Fund I, L.P.;
Relational Investors Mid Cap II, L.P.;
Relational Group LLC; Relational
Holdings LLC; Relational Investors
Group LLC; Ralph V. Whitworth; and
David H. Batchelder, all of San Diego,
California; to acquire voting shares of
Guaranty Bancorp, and thereby
indirectly acquire voting shares of
Guaranty Bank and Trust Company,
both in Denver, Colorado.
Board of Governors of the Federal Reserve
System, May 18, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–11906 Filed 5–20–09; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL MARITIME COMMISSION
[Docket No. 09–01]
Mitsui O.S.K. Lines Ltd. v. Global Link
Logistics, Inc., Olympus Partners, L.P.,
Olympus Growth Fund III, L.P.,
Olympus Executive Fund, L.P., Louis J.
Mischianti, David Cardenas, Keith
Heffernan, CJR World Enterprises, Inc.
and Chad J. Rosenberg; Notice of
Filing of Complaint and Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (‘‘Commission’’) by Mitsui
O.S.K. Lines Ltd. (‘‘MOL’’), hereinafter
‘‘Complainant.’’ Complainant asserts
that it is a corporation organized and
existing pursuant to the laws of Japan
and is a vessel-operating common
carrier in the U.S. foreign trades.
Complainant alleges that Respondent
Global Link Logistics, Inc. (‘‘Global
Link’’) is a corporation organized under
the laws of Delaware that operates as a
licensed non-vessel-operating common
carrier; that Respondents Olympus
Growth Fund III, L.P. (‘‘OGF’’) and
Olympus Executive Fund, L.P. (‘‘OEF’’)
are Delaware limited partnerships that
were owners of Global Link; that
Respondent Olympus Partners L.P.
(‘‘Olympus Partners’’) is a Delaware
limited partnership that is a private
equity firm affiliated with OGF and
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dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices
OEF; that Respondents Louis J.
Mischianti, David Cardenas, and Keith
Heffernan, are the partners in Olympus
Partners, and were officers and directors
of Global Link; that Respondent CJR
World Enterprises, Inc. (‘‘CJR’’), is a
Florida corporation that was an owner
of Global Link; and that Respondent
Chad Rosenberg is the owner of CJR and
was an officer and director of Global
Link.
Complainant alleges that Respondents
violated the Shipping Act of 1984, as
amended (‘‘Shipping Act’’), by: (1)
Engaging in a deliberate scheme to
obtain ocean transportation of property
at rates lower than the applicable
service contract or tariff rates; and (2)
failing to establish, observe and enforce
just and reasonable practices relating to
or connected with receiving, handling,
and delivering property. 46 U.S.C.
41102(a), (c). Complainant also asserts
that Respondents violated the
Commission’s regulations at 46 CFR
515.31(e) which prohibits preparation or
filing of false or fraudulent claims or
false information relative to an Ocean
Transportation Intermediary
transaction. Complainant claims that, as
a direct result of Respondents’ actions,
Complainant suffered damages of no
less than $4.5 million.
Specifically, Complainant MOL
asserts that it provided transportation to
Global Link subject to MOL’s tariff
rules; including rules related to the
diversion of cargo, defined as a change
in the original billed destination.
Complainant maintains that its tariff
rules require shippers to request
diversion of cargo in writing and require
payment of a diversion charge, as well
as the difference in price between the
original and new destination.
Complainant alleges that Respondent
Global Link booked cargo to false inland
destinations while intending to deliver
the cargo to different inland
destinations, and diverted cargo without
submitting a request to Complainant or
paying Complainant the difference in
rate and the applicable diversion
changes. Complainant claims that
Respondents referred to this practice as
‘‘split routing,’’ ‘‘mis-booking,’’ and rerouting.’’ This practice, Complainant
contends, resulted in lower rates paid to
Complainant than the rates applicable to
the actual destinations.
Complainant requests that the
Commission: (1) Require Respondents to
answer the charges in this Complaint;
(2) order Respondents to cease and
desist from the violations of the
Shipping Act; (3) establish and put in
force such practices as the Commission
determines lawful and reasonable; (3)
order Respondents to pay to the
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13:08 May 20, 2009
Jkt 217001
Complainant reparations plus interests,
costs and attorney’s fees, and any other
damages to be determined; and (4) take
any other action or provide any other
relief as the Commission determines to
be proper, fair and just under the
circumstances. Complainant also
requests that a hearing be held in
Washington, DC.
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 May 14, 2010, and the final
decision of the Commission shall be
issued by September 13, 2010.
Karen V. Gregory,
Secretary.
[FR Doc. E9–11755 Filed 5–20–09; 8:45 am]
BILLING CODE 6730–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
CBRN Medical Countermeasures
Workshop 2009
Department of Health and
Human Services, Assistant Secretary for
Preparedness and Response.
ACTION: Notice.
AGENCY:
SUMMARY: As stipulated by the Federal
Advisory Committee Act, the U.S.
Department of Health and Human
Services is hereby giving notice that the
Biomedical Advanced Development
Authority (BARDA), Chemical
Biological, Radiological & Nuclear
(CBRN) Medical Countermeasures and
Acquisitions Management Systems
(AMS) will be holding a public
workshop. The workshop is open to the
public.
DATES: The BARDA Divisions of CBRN
and AMS will hold a public workshop
on June 25 and 26, 2009 from 8:30 a.m.
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23861
to 5 p.m. EDT daily. This agenda is
subject to change as priorities dictate.
ADDRESSES: Hyatt Regency Bethesda,
One Bethesda Metro Center, Bethesda,
MD 20814. Phone: 301–657–1234.
FOR FURTHER INFORMATION, CONTACT:
CBRN-Workshop@hhs.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Department of Health and Human
Services, Office of the Secretary, Office
of the Assistant Secretary for
Preparedness and Response, Biomedical
Advanced Research and Development
Authority, Division of Chemical,
Biological, Radiological and Nuclear
and the Division of Acquisitions
Management Systems will host a 2-day
Medical Countermeasures Workshop.
The purpose of this two-day event is
to engage industry and academic
stakeholders in a discussion of how to
engage and work with BARDA.
Informational sessions include:
• The strategic vision for CBRN MCM
development.
• The generation of MCM
requirements.
• Responding to a Request for
Proposal (RFP) or Broad Agency
Announcement (BAA).
• The proposal review process.
• Earned Value Management.
• The FDA Animal Rule.
This Workshop is open to the public.
There is no fee to attend; however,
seating is limited and registration is
required. Online registration is available
at https://
www.medicalcountermeasures.gov.
Stakeholder Registration will be open
from April 14–June 1, 2009. Federal
Government Employee Registration will
be open from June 2–12, 2009.
Availability of Materials: The
workshop agenda and other materials
will be available on site on the
workshop dates.
Dated: May 6, 2009.
RADM William C. Vanderwagen,
Assistant Secretary for Preparedness and
Response, U.S. Department of Health and
Human Services.
[FR Doc. E9–11948 Filed 5–20–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Submission to OMB, Comment
Request; A Process Evaluation of the
NIH Director’s New Innovator Award
(NIA) Program
SUMMARY: Under the provisions of
Section 3507(a)(1)(D) of the Paperwork
Reduction Act of 1995, the Office of the
E:\FR\FM\21MYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23860-23861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11755]
=======================================================================
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FEDERAL MARITIME COMMISSION
[Docket No. 09-01]
Mitsui O.S.K. Lines Ltd. v. Global Link Logistics, Inc., Olympus
Partners, L.P., Olympus Growth Fund III, L.P., Olympus Executive Fund,
L.P., Louis J. Mischianti, David Cardenas, Keith Heffernan, CJR World
Enterprises, Inc. and Chad J. Rosenberg; Notice of Filing of Complaint
and Assignment
Notice is given that a complaint has been filed with the Federal
Maritime Commission (``Commission'') by Mitsui O.S.K. Lines Ltd.
(``MOL''), hereinafter ``Complainant.'' Complainant asserts that it is
a corporation organized and existing pursuant to the laws of Japan and
is a vessel-operating common carrier in the U.S. foreign trades.
Complainant alleges that Respondent Global Link Logistics, Inc.
(``Global Link'') is a corporation organized under the laws of Delaware
that operates as a licensed non-vessel-operating common carrier; that
Respondents Olympus Growth Fund III, L.P. (``OGF'') and Olympus
Executive Fund, L.P. (``OEF'') are Delaware limited partnerships that
were owners of Global Link; that Respondent Olympus Partners L.P.
(``Olympus Partners'') is a Delaware limited partnership that is a
private equity firm affiliated with OGF and
[[Page 23861]]
OEF; that Respondents Louis J. Mischianti, David Cardenas, and Keith
Heffernan, are the partners in Olympus Partners, and were officers and
directors of Global Link; that Respondent CJR World Enterprises, Inc.
(``CJR''), is a Florida corporation that was an owner of Global Link;
and that Respondent Chad Rosenberg is the owner of CJR and was an
officer and director of Global Link.
Complainant alleges that Respondents violated the Shipping Act of
1984, as amended (``Shipping Act''), by: (1) Engaging in a deliberate
scheme to obtain ocean transportation of property at rates lower than
the applicable service contract or tariff rates; and (2) failing to
establish, observe and enforce just and reasonable practices relating
to or connected with receiving, handling, and delivering property. 46
U.S.C. 41102(a), (c). Complainant also asserts that Respondents
violated the Commission's regulations at 46 CFR 515.31(e) which
prohibits preparation or filing of false or fraudulent claims or false
information relative to an Ocean Transportation Intermediary
transaction. Complainant claims that, as a direct result of
Respondents' actions, Complainant suffered damages of no less than $4.5
million.
Specifically, Complainant MOL asserts that it provided
transportation to Global Link subject to MOL's tariff rules; including
rules related to the diversion of cargo, defined as a change in the
original billed destination. Complainant maintains that its tariff
rules require shippers to request diversion of cargo in writing and
require payment of a diversion charge, as well as the difference in
price between the original and new destination. Complainant alleges
that Respondent Global Link booked cargo to false inland destinations
while intending to deliver the cargo to different inland destinations,
and diverted cargo without submitting a request to Complainant or
paying Complainant the difference in rate and the applicable diversion
changes. Complainant claims that Respondents referred to this practice
as ``split routing,'' ``mis-booking,'' and re-routing.'' This practice,
Complainant contends, resulted in lower rates paid to Complainant than
the rates applicable to the actual destinations.
Complainant requests that the Commission: (1) Require Respondents
to answer the charges in this Complaint; (2) order Respondents to cease
and desist from the violations of the Shipping Act; (3) establish and
put in force such practices as the Commission determines lawful and
reasonable; (3) order Respondents to pay to the Complainant reparations
plus interests, costs and attorney's fees, and any other damages to be
determined; and (4) take any other action or provide any other relief
as the Commission determines to be proper, fair and just under the
circumstances. Complainant also requests that a hearing be held in
Washington, DC.
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 May 14,
2010, and the final decision of the Commission shall be issued by
September 13, 2010.
Karen V. Gregory,
Secretary.
[FR Doc. E9-11755 Filed 5-20-09; 8:45 am]
BILLING CODE 6730-01-P
