Fact Finding Investigation No. 27; Potentially Unlawful, Unfair or Deceptive Ocean Transportation Practices Related to the Movement of Household Goods or Personal Property in U.S.-Foreign Oceanborne Trades; Order of Investigation, 37435-37436 [2010-15724]
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Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices
Dated: June 22, 2010.
Brian McLean,
Director, Office of Atmospheric Programs.
to the Federal Communications
Commission via email to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, (202) 418–0214. For additional
information, contact Judith B. Herman,
OMD, 202–418–0214, or email judith–
b.herman@fcc.gov
[FR Doc. 2010–15765 Filed 6–28–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
emcdonald on DSK2BSOYB1PROD with NOTICES4
June 17, 2010.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
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, 44 U.S.C. 3501 –
3520. 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; (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,
and (e) ways to further reduce the
information collection burden on small
business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before [August 30, 2010
REGISTER]. If you anticipate that you
will be submitting PRA comments, but
find it difficult to do so within the
period of time allowed by this notice,
you should advise the FCC contact
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
19:55 Jun 28, 2010
Jkt 220001
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010–15733 Filed 6–28–10 8:45 am]
BILLING CODE 6712–01–S
SUPPLEMENTARY INFORMATION:
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
VerDate Mar<15>2010
37435
OMB Control Number: 3060–0192.
Title: Section 87.103, Posting Station
License.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other for–
profit, not–for–profit institutions, and
state, local or tribal government.
Number of Respondents and
Responses: 43,896 respondents, 43,896
responses.
Estimated Time Per Response: .25
hours.
Frequency of Response:
Recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in sections 47 U.S.C. 301
and 303.
Total Annual Burden: 10,974 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: The Commission
will submit this expiring information
collection to the Office of Management
and Budget (OMB) after this comment
period to obtain the full three year
clearance from them. The Commission
is requesting an extension (no change in
the recordkeeping requirement). There
is a 5,976 hour burden reduction
adjustment which is due to fewer
respondents subject to this requirement.
The recordkeeping requirement
contained in Section 87.103 is necessary
to demonstrate that all transmitters in
the Aviation Service are properly
licensed in accordance with the
requirements of Section 301 of the
Communications Act of 1934, as
amended, No. 2020 of the International
Radio Regulation, and Article 30 of the
Convention on International Civil
Aviation.
The information is used by FCC
personnel during inspections and
investigations to insure the particular
station is licensed and operated in
compliance with applicable rules,
statutes, and treaties. In the case of
aircraft stations, the information may be
utilized for similar purposes by
appropriate representatives of foreign
governments when the aircraft is
operated in foreign nations.
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FEDERAL MARITIME COMMISSION
Fact Finding Investigation No. 27;
Potentially Unlawful, Unfair or
Deceptive Ocean Transportation
Practices Related to the Movement of
Household Goods or Personal
Property in U.S.-Foreign Oceanborne
Trades; Order of Investigation
Pursuant to the Shipping Act of 1984,
46 U.S.C. 40101 et seq. (‘‘Shipping Act’’),
the Federal Maritime Commission
(‘‘FMC’’ or ‘‘Commission’’) is charged
with regulating the common carriage of
goods by water in the foreign commerce
of the United States (‘‘liner service’’). In
doing so, the Commission must be
mindful of the purpose of its regulation,
which includes protecting the public
from unlawful, unfair or deceptive
ocean transportation practices and
resolving shipping disputes in the
movement of cargo in U.S.-foreign
oceanborne trades.
Each year, the Commission receives a
substantial number of complaints from
individuals that have experienced
various problems with their
international household goods or
personal property shipments. Between
2005 and 2009, the Commission
received over 2,500 consumer
complaints related to household goods
moving companies transporting
household goods or personal property
between various locations in the United
States and foreign destinations. Many of
those complaints are filed by
individuals who are first-time or very
occasional users of international
shipping services. This issue is a serious
and substantial consumer protection
problem within the Commission’s area
of responsibility.
Typical complaints allege failure to
deliver the cargo and refusal to return
the pre-paid ocean freight; loss of the
cargo; significant delay in delivery;
charges to the shipper for marine
insurance that was never obtained;
misinformation as to the whereabouts of
the cargo; significantly inflated charges
after the cargo was tendered and threats
to withhold the shipment unless the
increased freight was paid; or failure to
pay the common carrier engaged by the
company as another intermediary. In
many cases, a shipper has been forced
to pay another carrier or warehouse a
E:\FR\FM\29JNN1.SGM
29JNN1
emcdonald on DSK2BSOYB1PROD with NOTICES4
37436
Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Notices
second time in order to have the cargo
released.
Individuals and companies have held
themselves out to perform ocean
transportation to the public and
accepted responsibility for the
transportation of these shipments
without obtaining an Ocean
Transportation Intermediary (‘‘OTI’’)
license and providing required proof of
financial responsibility to the FMC. In
many cases, these individuals and
corporations operate without publishing
a tariff showing its rates and charges,
and do not observe just and reasonable
regulations and practices relating to or
connected with receiving, handling,
storing or delivering property.
Section 19 of the Shipping Act of
1984 (‘‘the Act’’), 46 U.S.C. 40901(a),
prohibits any person from providing
OTI services prior to being issued a
license from the Commission and
obtaining a bond, proof of insurance or
other surety in a form and amount
determined by the Commission to
ensure financial responsibility. An OTI
is defined as either a freight forwarder
or a non-vessel-operating common
carrier (‘‘NVOCC’’). 46 U.S.C. 40102(19).
Any person operating as an NVOCC in
the United States must provide evidence
of financial responsibility in the amount
of $75,000. 46 CFR 515.21(a)(2).
Furthermore, section 8(a) of the Act,
46 U.S.C. 40501(a), requires NVOCCs to
maintain tariffs showing their rates,
charges, classifications and practices.
These tariffs must be open to the public
for inspection in an automated tariff
system. The Commission’s regulations
at 46 C.F.R. § 520.3 affirm this statutory
requirement by directing each NVOCC
to notify the Commission, prior to
providing transportation services, of the
location of its tariffs, as well as the
publisher used to maintain those tariffs
by filing a Form FMC–1. Section
10(b)(11) of the Act, 46 U.S.C.
41104(11), prohibits a common carrier
from knowingly and willfully accepting
cargo from or transporting cargo for the
account of an OTI that does not have a
tariff or a bond (an NVOCC). Finally,
under section 10(d)(1), no common
carrier or ocean transportation
intermediary may fail to establish,
observe, and enforce just and reasonable
regulations and practices relating to or
connected with receiving, handling,
storing or delivering property. 46 U.S.C.
41102(c).
Therefore, consistent with its
statutory duty, the Commission hereby
orders a non-adjudicatory investigation
to develop a record of the nature, scope
and frequency of potentially unlawful,
unfair or deceptive ocean transportation
practices by household goods movers in
VerDate Mar<15>2010
19:55 Jun 28, 2010
Jkt 220001
the movement of cargo in U.S.-foreign
oceanborne trades.
The Commission will use the
information obtained in this
investigation and recommendations of
the Fact-Finding Officer (‘‘FFO’’) to
determine its policies with respect to
compliance, consumer protection, and
enforcement issues.
Specifically, the FFO named herein is
to develop a record on the following:
The nature and scope of the problem
presented by potentially unfair, unlawful or
deceptive practices in the shipping of
household goods or personal property in
U.S.-foreign oceanborne trades.
The FFO is to report to the
Commission within the time specified
herein, with recommendations for any
further Commission action, including
any policies, rulemaking proceedings, or
other actions warranted by the factual
record developed in this proceeding.
Interested persons are invited and
encouraged to contact the FFO named
herein, at (202) 523–5712 (telephone),
(202) 275–0522 (facsimile), or by e-mail
at factfinding27@fmc.gov, should they
wish to provide testimony or evidence,
or to contribute in any other manner to
the development of a complete factual
record in this proceeding.
Therefore, it is ordered, That,
pursuant to 46 U.S.C. 41302, 40502 to
40503, 41101 to 41109, 41301 to 41309,
and 40104, and 46 CFR 502.281 to
502.291, a non-adjudicatory
investigation is hereby instituted into
the nature, scope and frequency of
potentially unlawful, unfair or
deceptive ocean transportation practices
related to the carriage of household
goods or personal property in the
oceanborne foreign commerce of the
United States, in order to gather facts
and establish a record related to the
issues set forth above and to provide a
basis for any subsequent action by the
Commission;
It is further ordered, That, pursuant to
46 CFR 502.284 and 502.25,
Commissioner Michael A. Khouri is
designated as the FFO. The FFO shall
have, pursuant to 46 CFR 502.281 to
502.291, full authority to hold public or
non-public sessions, to resort to all
compulsory process authorized by law
(including the issuance of subpoenas ad
testifacandum and duces tecum), to
administer oaths, to require reports, and
to perform such other duties as may be
necessary in accordance with the laws
of the United States and the regulations
of the Commission. The FFO shall be
assisted by staff members as may be
assigned by the Commission’s Managing
Director, and the FFO is authorized to
delegate any authority enumerated
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
herein to any assigned staff member as
the FFO determines to be necessary.
It is further ordered, That the FFO
shall issue an interim report of findings
and recommendations no later than
November 15, 2010, a final report of
findings and recommendations no later
than February 15, 2011, and provide
further interim reports if it appears that
more immediate Commission action is
necessary, such reports to remain
confidential unless and until the
Commission provides otherwise;
It is further ordered, That this
proceeding shall be discontinued upon
acceptance of the final report of findings
and recommendations by the
Commission, unless otherwise ordered
by the Commission; and
It is futher ordered, That notice of this
Order be published in the Federal
Register.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2010–15724 Filed 6–28–10; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
SUMMARY: The information collection
requirements described below will be
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC seeks public
comments on its proposal to extend
through December 31, 2013 the current
OMB clearance for information
collection requirements contained in its
Prescreen Opt-Out Disclosure Rule. That
clearance expires on December 31, 2010.
DATES: Comments must be filed by
August 30, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Comments in electronic form
should be submitted by using the
following weblink: (https://
public.commentworks.com/ftc/
prescreenoptoutPRA) (and following the
instructions on the web-based form).
Comments filed in paper form should be
mailed or delivered to the following
address: Federal Trade Commission,
E:\FR\FM\29JNN1.SGM
29JNN1
]]>Agencies
[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37435-37436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15724]
=======================================================================
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FEDERAL MARITIME COMMISSION
Fact Finding Investigation No. 27; Potentially Unlawful, Unfair
or Deceptive Ocean Transportation Practices Related to the Movement of
Household Goods or Personal Property in U.S.-Foreign Oceanborne Trades;
Order of Investigation
Pursuant to the Shipping Act of 1984, 46 U.S.C. 40101 et seq.
(``Shipping Act''), the Federal Maritime Commission (``FMC'' or
``Commission'') is charged with regulating the common carriage of goods
by water in the foreign commerce of the United States (``liner
service''). In doing so, the Commission must be mindful of the purpose
of its regulation, which includes protecting the public from unlawful,
unfair or deceptive ocean transportation practices and resolving
shipping disputes in the movement of cargo in U.S.-foreign oceanborne
trades.
Each year, the Commission receives a substantial number of
complaints from individuals that have experienced various problems with
their international household goods or personal property shipments.
Between 2005 and 2009, the Commission received over 2,500 consumer
complaints related to household goods moving companies transporting
household goods or personal property between various locations in the
United States and foreign destinations. Many of those complaints are
filed by individuals who are first-time or very occasional users of
international shipping services. This issue is a serious and
substantial consumer protection problem within the Commission's area of
responsibility.
Typical complaints allege failure to deliver the cargo and refusal
to return the pre-paid ocean freight; loss of the cargo; significant
delay in delivery; charges to the shipper for marine insurance that was
never obtained; misinformation as to the whereabouts of the cargo;
significantly inflated charges after the cargo was tendered and threats
to withhold the shipment unless the increased freight was paid; or
failure to pay the common carrier engaged by the company as another
intermediary. In many cases, a shipper has been forced to pay another
carrier or warehouse a
[[Page 37436]]
second time in order to have the cargo released.
Individuals and companies have held themselves out to perform ocean
transportation to the public and accepted responsibility for the
transportation of these shipments without obtaining an Ocean
Transportation Intermediary (``OTI'') license and providing required
proof of financial responsibility to the FMC. In many cases, these
individuals and corporations operate without publishing a tariff
showing its rates and charges, and do not observe just and reasonable
regulations and practices relating to or connected with receiving,
handling, storing or delivering property.
Section 19 of the Shipping Act of 1984 (``the Act''), 46 U.S.C.
40901(a), prohibits any person from providing OTI services prior to
being issued a license from the Commission and obtaining a bond, proof
of insurance or other surety in a form and amount determined by the
Commission to ensure financial responsibility. An OTI is defined as
either a freight forwarder or a non-vessel-operating common carrier
(``NVOCC''). 46 U.S.C. 40102(19). Any person operating as an NVOCC in
the United States must provide evidence of financial responsibility in
the amount of $75,000. 46 CFR 515.21(a)(2).
Furthermore, section 8(a) of the Act, 46 U.S.C. 40501(a), requires
NVOCCs to maintain tariffs showing their rates, charges,
classifications and practices. These tariffs must be open to the public
for inspection in an automated tariff system. The Commission's
regulations at 46 C.F.R. Sec. 520.3 affirm this statutory requirement
by directing each NVOCC to notify the Commission, prior to providing
transportation services, of the location of its tariffs, as well as the
publisher used to maintain those tariffs by filing a Form FMC-1.
Section 10(b)(11) of the Act, 46 U.S.C. 41104(11), prohibits a common
carrier from knowingly and willfully accepting cargo from or
transporting cargo for the account of an OTI that does not have a
tariff or a bond (an NVOCC). Finally, under section 10(d)(1), no common
carrier or ocean transportation intermediary may fail to establish,
observe, and enforce just and reasonable regulations and practices
relating to or connected with receiving, handling, storing or
delivering property. 46 U.S.C. 41102(c).
Therefore, consistent with its statutory duty, the Commission
hereby orders a non-adjudicatory investigation to develop a record of
the nature, scope and frequency of potentially unlawful, unfair or
deceptive ocean transportation practices by household goods movers in
the movement of cargo in U.S.-foreign oceanborne trades.
The Commission will use the information obtained in this
investigation and recommendations of the Fact-Finding Officer (``FFO'')
to determine its policies with respect to compliance, consumer
protection, and enforcement issues.
Specifically, the FFO named herein is to develop a record on the
following:
The nature and scope of the problem presented by potentially unfair,
unlawful or deceptive practices in the shipping of household goods
or personal property in U.S.-foreign oceanborne trades.
The FFO is to report to the Commission within the time specified
herein, with recommendations for any further Commission action,
including any policies, rulemaking proceedings, or other actions
warranted by the factual record developed in this proceeding.
Interested persons are invited and encouraged to contact the FFO
named herein, at (202) 523-5712 (telephone), (202) 275-0522
(facsimile), or by e-mail at factfinding27@fmc.gov, should they wish to
provide testimony or evidence, or to contribute in any other manner to
the development of a complete factual record in this proceeding.
Therefore, it is ordered, That, pursuant to 46 U.S.C. 41302, 40502
to 40503, 41101 to 41109, 41301 to 41309, and 40104, and 46 CFR 502.281
to 502.291, a non-adjudicatory investigation is hereby instituted into
the nature, scope and frequency of potentially unlawful, unfair or
deceptive ocean transportation practices related to the carriage of
household goods or personal property in the oceanborne foreign commerce
of the United States, in order to gather facts and establish a record
related to the issues set forth above and to provide a basis for any
subsequent action by the Commission;
It is further ordered, That, pursuant to 46 CFR 502.284 and 502.25,
Commissioner Michael A. Khouri is designated as the FFO. The FFO shall
have, pursuant to 46 CFR 502.281 to 502.291, full authority to hold
public or non-public sessions, to resort to all compulsory process
authorized by law (including the issuance of subpoenas ad testifacandum
and duces tecum), to administer oaths, to require reports, and to
perform such other duties as may be necessary in accordance with the
laws of the United States and the regulations of the Commission. The
FFO shall be assisted by staff members as may be assigned by the
Commission's Managing Director, and the FFO is authorized to delegate
any authority enumerated herein to any assigned staff member as the FFO
determines to be necessary.
It is further ordered, That the FFO shall issue an interim report
of findings and recommendations no later than November 15, 2010, a
final report of findings and recommendations no later than February 15,
2011, and provide further interim reports if it appears that more
immediate Commission action is necessary, such reports to remain
confidential unless and until the Commission provides otherwise;
It is further ordered, That this proceeding shall be discontinued
upon acceptance of the final report of findings and recommendations by
the Commission, unless otherwise ordered by the Commission; and
It is futher ordered, That notice of this Order be published in the
Federal Register.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2010-15724 Filed 6-28-10; 8:45 am]
BILLING CODE 6730-01-P
