World Chance Logistics (Hong Kong), Ltd. and Yu, Chi Shing, a.k.a. Johnny Yu-Possible Violations of Section 10 of the Shipping Act of 1984; Order of Investigation and Hearing, 55553-55554 [E9-25877]
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Notices
Dated: October 23, 2009.
Karen V. Gregory,
Secretary.
[FR Doc. E9–25962 Filed 10–27–09; 8:45 am]
BILLING CODE 4730–01–P
FEDERAL MARITIME COMMISSION
erowe on DSK5CLS3C1PROD with NOTICES
Ocean Transportation Intermediary
License; Revocations
The Federal Maritime Commission
hereby gives notice that the following
Ocean Transportation Intermediary
licenses have been revoked pursuant to
section 19 of the Shipping Act of 1984
(46 U.S.C. Chapter 409) and the
regulations of the Commission
pertaining to the licensing of Ocean
Transportation Intermediaries, 46 CFR
part 515, effective on the corresponding
date shown below:
License Number: 013868N.
Name: Cruz International, Inc.
Address: 2206 Saxon Street, Tampa,
FL 33605.
Date Revoked: September 11, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019052N.
Name: Deans & Associate Freight
System Inc.
Address: 225–10 Merrick Blvd.,
Laurelton, NY 11413.
Date Revoked: September 27, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019117F.
Name: East-West CFS, Inc.
Address: 14821 Northam Street, La
Mirada, CA 90638.
Date Revoked: September 20, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 020780N.
Name: Kevin Jung dba US Global
Logistics.
Address: 540 S. Catalina Street, Ste.
209, Los Angeles, CA 90020.
Date Revoked: September 26, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 004474N.
Name: Logistics Transportation
Services, Inc.
Address: 23171 Mills Road, Porter, TX
77365.
Date Revoked: September 29, 2009.
Reason: Surrendered license
voluntarily.
License Number: 017140N.
Name: Meridian Containers (USA)
Ltd.
Address: 47 Raritan Ave., Ste. B,
Highland Park, NJ 08904.
Date Revoked: September 19, 2009.
Reason: Failed to maintain a valid
bond.
VerDate Nov<24>2008
15:34 Oct 27, 2009
Jkt 220001
License Number: 021775F.
Name: Prologistics, Inc.
Address: 9715 Carnegie Ave., El Paso,
TX 79925.
Date Revoked: September 23, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019125F.
Name: Monumental Shipping &
Moving Corp.
Address: 103–10 Astoria Blvd., E.
Elmhurst, NY 11369.
Date Revoked: September 28, 2009.
Reason: Surrendered license
voluntarily.
Sandra L. Kusumoto,
Director, Bureau of Certification and
Licensing.
[FR Doc. E9–25961 Filed 10–27–09; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
[Docket No. 09–07]
World Chance Logistics (Hong Kong),
Ltd. and Yu, Chi Shing, a.k.a. Johnny
Yu—Possible Violations of Section 10
of the Shipping Act of 1984; Order of
Investigation and Hearing
World Chance Logistics (Hong Kong),
Ltd., (‘‘World Chance’’) is a foreign
based tariffed and bonded non-vesseloperating common carrier (‘‘NVOCC’’)
registered with the Federal Maritime
Commission (‘‘Commission’’) as Org.
No. 018712. World Chance is located at
#8 Des Voeux Road West, Rms. 1401–
1402, Hong Kong, China. Yu, Chi Shing,
a.k.a. Johnny Yu (‘‘Mr. Yu’’) is the
company’s sole shareholder and chief
executive officer.
Based on evidence available to the
Commission, it appears that World
Chance and Mr. Yu may have permitted
unrelated shippers of pyrotechnics to
have direct access to the rates in World
Chance’s service contracts. Moreover, it
also appears that World Chance and Mr.
Yu may have provided rates and charges
to pyrotechnics shippers which were
not in accordance with the rates and
charges contained in World Chance’s
tariff.
Additionally, in 2005, Mr. Yu
incorporated Fireworks Logistics
Association Ltd. (‘‘FLA’’) as a ‘‘private
limited company’’ in Hong Kong. FLA,
however, does not appear to have a
separate legal identity, and lists World
Chance’s Hong Kong address as its own
and uses World Chance’s telephone and
fax numbers and its email account.
From the evidence developed, it appears
that by entering into service contracts in
FLA’s name, World Chance and Mr. Yu
may have utilized FLA as an unfair
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55553
device or means to obtain lower rates
and to receive volume incentive
payments not otherwise applicable.
Section 10(a)(1) of the 1984 Act, 46
U.S.C. 41102(a) prohibits any person
from knowingly and willfully obtaining
or attempting to obtain ocean
transportation of property at less than
the otherwise applicable rates or charges
‘‘by means of false billing, false
classification, false weighing, false
report of weight, false measurement, or
any other unjust or unfair device or
means * * * .’’ Section 10(b)(1) of the
1984 Act, 46 U.S.C. 41104(1), prohibits
a carrier from allowing any person to
obtain transportation of property at less
than the rates and charges in the
carrier’s tariff or filed contracts ‘‘by
means of false billing, false
classification * * * or by any other
unjust or unfair device or means.’’
Section 10(b)(2) of the 1984 Act, 46
U.S.C. 41104(2), prohibits providing
service in the liner trades ‘‘not in
accordance with’’ the rates and charges
published in a tariff or filed in an
NVOCC service arrangement.
Pursuant to section 13 of the 1984
Act, 46 U.S.C. 41109, a party is subject
to a civil penalty not exceeding $5,000
for each violation unless the violation
was willfully and knowingly
committed, in which case the amount of
the civil penalty may not exceed
$25,000 for each violation.1
Now therefore, it is ordered, that
pursuant to sections 10 and 11 of the
1984 Act, 46 U.S.C. 41102(a), and
41104(1) and (2), an investigation is
instituted to determine:
(1) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
a.k.a. Johnny Yu, violated section
10(a)(1) of the 1984 Act, 46 U.S.C.
41102(a), by utilizing Fireworks
Logistics Association, Ltd. as an unfair
device or means to obtain lower rates
and receive volume incentive payments
not otherwise applicable;
(2) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
a.k.a. Johnny Yu, violated section
10(b)(1) of the 1984 Act, 46 U.S.C.
41104(1), by allowing persons to obtain
transportation of property at less than
the rates and charges in the carrier’s
tariff or filed contracts ‘‘by means of
false billing, false classification * * * or
by any other unjust or unfair device or
means;’’
(3) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
1 Effective July 31, 2009, the maximum levels of
civil penalties were adjusted for inflation to $8,000
and $40,000, respectively. For the period of
violations discussed in this memorandum prior to
July 31, 2009, the maximum level of civil penalties
was $6,000 and $30,000, respectively.
E:\FR\FM\28OCN1.SGM
28OCN1
erowe on DSK5CLS3C1PROD with NOTICES
55554
Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Notices
a.k.a. Johnny Yu, violated section
10(b)(2) of the 1984 Act. 46 U.S.C.
41104(2), by providing service in the
liner trades ‘‘not in accordance with’’
the rates and charges published in a
tariff or filed in an NVOCC service
arrangement;
(4) Whether, in the event violations of
section 10 of the 1984 Act are found,
civil penalties should be assessed
against World Chance Logistics (Hong
Kong), Ltd. and/or Yu, Chi Shing, a.k.a.
Johnny Yu and, if so, the amount of the
penalties to be assessed; and
(5) Whether, in the event violations
are found, appropriate cease and desist
orders should be issued against World
Chance Logistics (Hong Kong), Ltd. and/
or Yu, Chi Shing, a.k.a. Johnny Yu.
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 World
Chance Logistics (Hong Kong), Ltd. and
Yu, Chi Shing, a.k.a. Johnny Yu 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;
VerDate Nov<24>2008
15:34 Oct 27, 2009
Jkt 220001
It is further ordered, that all further
notices, orders, and/or decisions issued
by or on behalf of the Commission in
this proceeding, including 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 October 22, 2010 and the final
decision of the Commission shall be
issued by February 22, 2011.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. E9–25877 Filed 10–27–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier: OS–0990–New]
Agency Information Collection
Request; 60-Day Public Comment
Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed information collection request
for public comment. Interested persons
are invited to send comments regarding
this burden estimate or any other aspect
of this collection of information,
including any of the following subjects:
(1) The necessity and utility of the
proposed information collection for the
proper performance of the agency’s
functions; (2) the accuracy of the
estimated burden; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4) the
use of automated collection techniques
or other forms of information
technology to minimize the information
collection burden. To obtain copies of
the supporting statement and any
AGENCY:
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Frm 00019
Fmt 4703
Sfmt 4703
related forms for the proposed
paperwork collections referenced above,
e-mail your request, including your
address, phone number, OMB number,
and OS document identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–6162. Written comments and
recommendations for the proposed
information collections must be directed
to the OS Paperwork Clearance Officer
at the above e-mail address within 60days.
Proposed Project: Attitudes Toward
Electronic Health Information Exchange
and Associated Privacy and Security
Aspects—OMB No. 0990–NEW–Office
of the National Coordinator for Health
Information Technology.
Abstract: Electronic health
information exchange promises an array
of potential benefits for individuals and
the U.S. health care system through
improved health care quality, safety,
and efficiency. At the same time, this
environment also poses new challenges
and opportunities for protecting health
information. Health information
technology and electronic health
information exchange may also provide
individuals with new, more effective
methods to engage with their health care
providers and affect how their health
information may be exchanged. Based
on findings from a comprehensive
literature review, little is known about
individuals’ attitudes toward electronic
health information exchange and the
extent to which they are interested in
determining by whom and how their
health information is exchanged. The
proposed information collection will
permit us to better understand
individuals’ attitudes toward electronic
health information exchange and its
associated privacy and security aspects
as well as inform policy and
programmatic objectives.
The Office of the National
Coordinator for Health Information
Technology (ONC) is proposing to
conduct a nationwide survey which will
use computer-assisted telephone
interviews (CATI) to interview a
representative sample of the general
U.S. population. Data collection will
take place over the course of eight
weeks. The data will be analyzed using
statistical methods and a draft report
will be prepared. ONC will hold a web
seminar prior to the publication of the
final report to convey the findings to the
general public. A final report will be
posted on https://healthit.hhs.gov which
will include the results and analysis.
E:\FR\FM\28OCN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Notices]
[Pages 55553-55554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25877]
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Docket No. 09-07]
World Chance Logistics (Hong Kong), Ltd. and Yu, Chi Shing,
a.k.a. Johnny Yu--Possible Violations of Section 10 of the Shipping Act
of 1984; Order of Investigation and Hearing
World Chance Logistics (Hong Kong), Ltd., (``World Chance'') is a
foreign based tariffed and bonded non-vessel-operating common carrier
(``NVOCC'') registered with the Federal Maritime Commission
(``Commission'') as Org. No. 018712. World Chance is located at
8 Des Voeux Road West, Rms. 1401-1402, Hong Kong, China. Yu,
Chi Shing, a.k.a. Johnny Yu (``Mr. Yu'') is the company's sole
shareholder and chief executive officer.
Based on evidence available to the Commission, it appears that
World Chance and Mr. Yu may have permitted unrelated shippers of
pyrotechnics to have direct access to the rates in World Chance's
service contracts. Moreover, it also appears that World Chance and Mr.
Yu may have provided rates and charges to pyrotechnics shippers which
were not in accordance with the rates and charges contained in World
Chance's tariff.
Additionally, in 2005, Mr. Yu incorporated Fireworks Logistics
Association Ltd. (``FLA'') as a ``private limited company'' in Hong
Kong. FLA, however, does not appear to have a separate legal identity,
and lists World Chance's Hong Kong address as its own and uses World
Chance's telephone and fax numbers and its email account. From the
evidence developed, it appears that by entering into service contracts
in FLA's name, World Chance and Mr. Yu may have utilized FLA as an
unfair device or means to obtain lower rates and to receive volume
incentive payments not otherwise applicable.
Section 10(a)(1) of the 1984 Act, 46 U.S.C. 41102(a) prohibits any
person from knowingly and willfully obtaining or attempting to obtain
ocean transportation of property at less than the otherwise applicable
rates or charges ``by means of false billing, false classification,
false weighing, false report of weight, false measurement, or any other
unjust or unfair device or means * * * .'' Section 10(b)(1) of the 1984
Act, 46 U.S.C. 41104(1), prohibits a carrier from allowing any person
to obtain transportation of property at less than the rates and charges
in the carrier's tariff or filed contracts ``by means of false billing,
false classification * * * or by any other unjust or unfair device or
means.'' Section 10(b)(2) of the 1984 Act, 46 U.S.C. 41104(2),
prohibits providing service in the liner trades ``not in accordance
with'' the rates and charges published in a tariff or filed in an NVOCC
service arrangement.
Pursuant to section 13 of the 1984 Act, 46 U.S.C. 41109, a party is
subject to a civil penalty not exceeding $5,000 for each violation
unless the violation was willfully and knowingly committed, in which
case the amount of the civil penalty may not exceed $25,000 for each
violation.\1\
---------------------------------------------------------------------------
\1\ Effective July 31, 2009, the maximum levels of civil
penalties were adjusted for inflation to $8,000 and $40,000,
respectively. For the period of violations discussed in this
memorandum prior to July 31, 2009, the maximum level of civil
penalties was $6,000 and $30,000, respectively.
---------------------------------------------------------------------------
Now therefore, it is ordered, that pursuant to sections 10 and 11
of the 1984 Act, 46 U.S.C. 41102(a), and 41104(1) and (2), an
investigation is instituted to determine:
(1) Whether World Chance Logistics (Hong Kong), Ltd. and/or Yu, Chi
Shing, a.k.a. Johnny Yu, violated section 10(a)(1) of the 1984 Act, 46
U.S.C. 41102(a), by utilizing Fireworks Logistics Association, Ltd. as
an unfair device or means to obtain lower rates and receive volume
incentive payments not otherwise applicable;
(2) Whether World Chance Logistics (Hong Kong), Ltd. and/or Yu, Chi
Shing, a.k.a. Johnny Yu, violated section 10(b)(1) of the 1984 Act, 46
U.S.C. 41104(1), by allowing persons to obtain transportation of
property at less than the rates and charges in the carrier's tariff or
filed contracts ``by means of false billing, false classification * * *
or by any other unjust or unfair device or means;''
(3) Whether World Chance Logistics (Hong Kong), Ltd. and/or Yu, Chi
Shing,
[[Page 55554]]
a.k.a. Johnny Yu, violated section 10(b)(2) of the 1984 Act. 46 U.S.C.
41104(2), by providing service in the liner trades ``not in accordance
with'' the rates and charges published in a tariff or filed in an NVOCC
service arrangement;
(4) Whether, in the event violations of section 10 of the 1984 Act
are found, civil penalties should be assessed against World Chance
Logistics (Hong Kong), Ltd. and/or Yu, Chi Shing, a.k.a. Johnny Yu and,
if so, the amount of the penalties to be assessed; and
(5) Whether, in the event violations are found, appropriate cease
and desist orders should be issued against World Chance Logistics (Hong
Kong), Ltd. and/or Yu, Chi Shing, a.k.a. Johnny Yu.
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 World Chance Logistics (Hong Kong),
Ltd. and Yu, Chi Shing, a.k.a. Johnny Yu 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 the Commission in this proceeding,
including 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 October 22, 2010 and
the final decision of the Commission shall be issued by February 22,
2011.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. E9-25877 Filed 10-27-09; 8:45 am]
BILLING CODE P
