Yakov Kobel and Victor Berkovich v. Hapag-Lloyd America, Inc., Limco Logistics, Inc., and International TLC, Inc.; Notice of filing of complaint and Assignment, 42445-42446 [2010-17786]

Download as PDF Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices transactions as necessary to facilitate settlement of the Federal Reserve’s agency MBS transactions. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System’s balance sheet that could affect the attainment over time of the Committee’s objectives of maximum employment and price stability. By order of the Federal Open Market Committee, July 14, 2010. Brian F. Madigan, Secretary, Federal Open Market Committee. [FR Doc. 2010–17849 Filed 7–21–10; 8:45 am] BILLING CODE 6210–01–S FEDERAL MARITIME COMMISSION Notice of Agreement Filed erowe on DSKG8SOYB1PROD with NOTICES The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission’s Web site (https:// www.fmc.gov) or by contacting the Office of Agreements at (202)-523–5793 or tradeanalysis@fmc.gov. Agreement No.: 012105. Title: SCM Lines Transportes/CCNI Agreement. Parties: Compania Chilena de Navegacion Interoceanica S.A. and SCM Lines Transportes Maritimos Sociedade Unipessoal, LDA. Filing Party: John P. Vayda, Esq.; Nourse & Bowles, LLP; One Exchange Plaza; 55 Broadway; New York, NY 10006–3030. Synopsis: The agreement would authorize the parties to cross-charter space; to pool revenues, expenses, earnings, and/or losses; and to discuss on a voluntary, non-binding basis, rates and changes in the trade between the U.S. Gulf ports and ports of East Coast of South America. By Order of the Federal Maritime Commission. Dated: July 16, 2010. Karen V. Gregory, Secretary. [FR Doc. 2010–17783 Filed 7–20–10; 8:45 am] BILLING CODE P VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 FEDERAL MARITIME COMMISSION [Docket No. 10–06] Yakov Kobel and Victor Berkovich v. Hapag-Lloyd America, Inc., Limco Logistics, Inc., and International TLC, Inc.; Notice of filing of complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by Yakov Kobel and Victor Berkovich, hereinafter ‘‘Complainants,’’ against Hapag-Lloyd America, Inc. (‘‘Hapag-Lloyd’’), Limco Logistics, Inc. (‘‘Limco’’), and International TLC, Inc. (‘‘Int’l TLC’’), hereinafter ‘‘Respondents.’’ Complainants assert that Respondent Hapag-Lloyd is a corporation registered under the laws of the State of New Jersey and is an ocean carrier ‘‘duly registered/licensed with Federal Maritime Commission.’’ Complainants assert that Respondent Limco is a corporation registered under the laws of the state of Florida and an ocean transportation intermediary licensed by the Commission as a ‘‘non-vessel ocean carrier (NVOCC).’’ 1 Complainants assert that Respondent Int’l TLC is duly registered under the law of the State of Washington and is an ocean transportation intermediary licensed since July 24, 2008 as an NVOCC. Complainants assert that Respondents: Failed to return a damaged container in Respondents’ custody to Complainants, and subsequently shipped the damaged container; failed to provide proper billsof-lading at the time of shipment and provided the bill-of-lading to Complainants five months after shipping, unilaterally changed the billof-lading to name an individual other than Complainants as exporter and consignee; demanded ‘‘false, excessive and unearned shipping charges’’; and liquidated three of five containers. Through these actions, Complainants allege that Respondent Int’l INC engaged in practice as an ocean transportation intermediary without a license and accepted cargo for an unlicensed ocean transportation intermediary in violation of sections 8 and 19 of the Shipping Act and in violation of section 10(b)(2)(11). Complainants allege that Respondents Limco and Int’l TLC violated sections 8 and 10(b)(2)(A) of the Shipping Act by ‘‘providing services not in accordance with then published tariff and service contract’’ rates. 1 The Shipping Act of 1984 and Commission rules refer to ‘‘non-vessel-operating common carriers’’or NVOCCs. No such term ‘‘non-vessel ocean carrier’’exists in the Commission’s regulations or the Shipping Act of 1984. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 42445 Complainants allege that Respondents violated section 10(b)(4)(D) of the Shipping Act because they ‘‘provided a service and engaged in unfair practice in their loading or unloading of freight.’’ Complainants allege that Respondents violated sections 10(b)(4)(E) and 10(b)(10) of the Shipping Act by ‘‘unreasonably refusing to deal or negotiate and settle Complainants’ claims for damages’’ to one container and loss of all three containers. Complainants also allege that Respondents Limco and Hapag-Lloyd ‘‘knowingly and willingly accepted cargo from an ocean transportation intermediary (Int’l TLC) that did not have a bond, insurance, or other surety from May 9, 2008 to July 23, 2008 in violation of section 10(b)(11)(12) of the Shipping Act.’’ Finally, Complainants allege that Respondents Limco and Int’l TLC ‘‘knowingly disclosed valuable information concerning the nature, kind, quantity and destination of property delivered to them by Complainants to a third party identifying Complainants as shipper and consignee, without Complainants’ consent in violation of section 10(b)(13) of the Shipping Act.’’ Complainants request that the Commission order Respondents: (1) To answer the charges made by Complainants; (2) to pay to Complainants $500,000 for reparations for actual injury and $500,000 for additional damages; (3) to pay any other damages to Complainants that may be determined just and proper; (4) to pay Complainants’ attorney fees and costs incurred; and take any such other action or provide other relief as the Commission deems just and proper. 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 July 14, 2011 and the final E:\FR\FM\21JYN1.SGM 21JYN1 42446 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Notices decision of the Commission shall be issued by November 14, 2011. Karen V. Gregory, Secretary. [FR Doc. 2010–17786 Filed 7–20–10; 8:45 am] BILLING CODE P FEDERAL MARITIME COMMISSION erowe on DSKG8SOYB1PROD with NOTICES Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for a license as a NonVessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF)—Ocean Transportation Intermediary (OTI) pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR 515). Notice is also hereby given of the filing of applications to amend an existing OTI license or the Qualifying Individual (QI) for a license. Interested persons may contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. American Lamprecht Transport, Inc. (NVO & OFF), 700 Rockaway Turnpike, Lawrence, NY 11559. Officers: Alain Tiercy, CFO/Secretary/ Treasurer (Qualifying Individual), Hans-Peter Widmer, President. Application Type: QI Change. CACC Global Logistics, Inc. (NVO & OFF), 151 E. 220th Street, Carson, CA 90754. Officers: Annie Sun, President/CEO (Qualifying Individual), Chuck Sun, Vice President/Secretary. Application Type: New NVO & OFF License. E-Freight Solutions Inc. dba E-Lines Shipping and Logistics, and Ocean Champ Shipping Limited (NVO), 1000 Corporate Center Drive, Suite 320, Monterey Park, CA 91754. Officers: Joey Tam, President/CEO (Qualifying Individual), Yu C. Lee, Secretary/ Treasurer. Application Type: Name Change. Ever-Swift Worldwide Inc. (NVO & OFF), Cargo Bldg. 151, Room 377, Jamaica, NY 11430. Officer: Chiang Yu-Chen, President (Qualifying Individual). Application Type: Add OFF Service. Limitless International, Inc. (NVO & OFF), 8750 Exchange Drive, #3, Orlando, FL 32809. Officer: Cheryl A. Stockstad, President (Qualifying Individual). Application Type: Add NVO Service. Meadwestvaco Corporation (NVO & OFF), 501 South 5th Street, VerDate Mar<15>2010 15:19 Jul 20, 2010 Jkt 220001 Richmond, VA 23219. Officers: Christopher L. Osen, Vice President Supply Management (Qualifying Individual), Susan J. Kropf, Director. Application Type: New NVO & OFF License. Mutual Pacific Logistics, Inc. (NVO), 12801 South Figueroa Street, Los Angeles, CA 90061. Officer: Chee (CT) T. Tsui, President/Secretary/Treasurer (Qualifying Individual). Application Type: New NVO License. Unity Container Line, Inc. (NVO & OFF), 12552 SW. 143 Lane, Miami, FL 33186. Officer: Pedro Streb, President/ Secretary/Treasurer (Qualifying Individual). Application Type: New NVO & OFF License. Dated: July 16, 2010. Karen V. Gregory, Secretary. [FR Doc. 2010–17784 Filed 7–20–10; 8:45 am] BILLING CODE 6730–01–P FEDERAL TRADE COMMISSION Sunshine Act Meeting Notice AGENCY: Federal Trade Commission. TIME AND DATE: 2 p.m., Wednesday, July 28, 2010. Federal Trade Commission Building, Room 532, 600 Pennsylvania Avenue, NW., Washington, DC 20580. PLACE: Part of this meeting will be open to the public. The rest of the meeting will be closed to the public. STATUS: Matters To Be Considered Portion Open to the Public (1) Oral Argument in Polypore International, Inc., Docket 9327. Portion Closed to the Public (2) Executive Session to follow Oral Argument in Polypore International, Inc., Docket 9327. CONTACT PERSON FOR MORE INFORMATION: Mitch Katz, Office of Public Affairs, (202) 326–2180. Recorded Message: (202) 326–2711. Donald S. Clark, Secretary. [FR Doc. 2010–17651 Filed 7–20–10; 8:45 am] BILLING CODE 6750–01–M PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0373] Agency Information Collection Activities; Proposed Collection; Comment Request; Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions in the guidance document entitled ‘‘Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition.’’ DATES: Submit either electronic or written comments on the collection of information by September 20, 2010. ADDRESSES: Submit electronic comments on the collection of information to https:// www.regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50– 400B, Rockville, MD 20850, 301–796– 3793. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) SUMMARY: E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Notices]
[Pages 42445-42446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17786]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-06]


Yakov Kobel and Victor Berkovich v. Hapag-Lloyd America, Inc., 
Limco Logistics, Inc., and International TLC, Inc.; Notice of filing of 
complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Yakov Kobel and Victor 
Berkovich, hereinafter ``Complainants,'' against Hapag-Lloyd America, 
Inc. (``Hapag-Lloyd''), Limco Logistics, Inc. (``Limco''), and 
International TLC, Inc. (``Int'l TLC''), hereinafter ``Respondents.'' 
Complainants assert that Respondent Hapag-Lloyd is a corporation 
registered under the laws of the State of New Jersey and is an ocean 
carrier ``duly registered/licensed with Federal Maritime Commission.'' 
Complainants assert that Respondent Limco is a corporation registered 
under the laws of the state of Florida and an ocean transportation 
intermediary licensed by the Commission as a ``non-vessel ocean carrier 
(NVOCC).'' \1\ Complainants assert that Respondent Int'l TLC is duly 
registered under the law of the State of Washington and is an ocean 
transportation intermediary licensed since July 24, 2008 as an NVOCC.
---------------------------------------------------------------------------

    \1\ The Shipping Act of 1984 and Commission rules refer to 
``non-vessel-operating common carriers''or NVOCCs. No such term 
``non-vessel ocean carrier''exists in the Commission's regulations 
or the Shipping Act of 1984.
---------------------------------------------------------------------------

    Complainants assert that Respondents: Failed to return a damaged 
container in Respondents' custody to Complainants, and subsequently 
shipped the damaged container; failed to provide proper bills-of-lading 
at the time of shipment and provided the bill-of-lading to Complainants 
five months after shipping, unilaterally changed the bill-of-lading to 
name an individual other than Complainants as exporter and consignee; 
demanded ``false, excessive and unearned shipping charges''; and 
liquidated three of five containers.
    Through these actions, Complainants allege that Respondent Int'l 
INC engaged in practice as an ocean transportation intermediary without 
a license and accepted cargo for an unlicensed ocean transportation 
intermediary in violation of sections 8 and 19 of the Shipping Act and 
in violation of section 10(b)(2)(11). Complainants allege that 
Respondents Limco and Int'l TLC violated sections 8 and 10(b)(2)(A) of 
the Shipping Act by ``providing services not in accordance with then 
published tariff and service contract'' rates.
    Complainants allege that Respondents violated section 10(b)(4)(D) 
of the Shipping Act because they ``provided a service and engaged in 
unfair practice in their loading or unloading of freight.'' 
Complainants allege that Respondents violated sections 10(b)(4)(E) and 
10(b)(10) of the Shipping Act by ``unreasonably refusing to deal or 
negotiate and settle Complainants' claims for damages'' to one 
container and loss of all three containers. Complainants also allege 
that Respondents Limco and Hapag-Lloyd ``knowingly and willingly 
accepted cargo from an ocean transportation intermediary (Int'l TLC) 
that did not have a bond, insurance, or other surety from May 9, 2008 
to July 23, 2008 in violation of section 10(b)(11)(12) of the Shipping 
Act.'' Finally, Complainants allege that Respondents Limco and Int'l 
TLC ``knowingly disclosed valuable information concerning the nature, 
kind, quantity and destination of property delivered to them by 
Complainants to a third party identifying Complainants as shipper and 
consignee, without Complainants' consent in violation of section 
10(b)(13) of the Shipping Act.''
    Complainants request that the Commission order Respondents: (1) To 
answer the charges made by Complainants; (2) to pay to Complainants 
$500,000 for reparations for actual injury and $500,000 for additional 
damages; (3) to pay any other damages to Complainants that may be 
determined just and proper; (4) to pay Complainants' attorney fees and 
costs incurred; and take any such other action or provide other relief 
as the Commission deems just and proper.
    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 
July 14, 2011 and the final

[[Page 42446]]

decision of the Commission shall be issued by November 14, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-17786 Filed 7-20-10; 8:45 am]
BILLING CODE P
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