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]

Download as PDF 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: http:// 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, http://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 http://www.fcc.gov/ cgb/ecfs (insert CG Docket No. 03–123 into the Proceeding block). dwashington3 on PROD1PC60 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 13:08 May 20, 2009 Jkt 217001 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 Frm 00023 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21MYN1.SGM 21MYN1 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 VerDate Nov<24>2008 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. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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 http:// 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 21MYN1

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