Establishment of the Independence Advisory Council, 70005-70006 [2010-28781]
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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices
FEDERAL MARITIME COMMISSION
Notice of Agreement Filed
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.: 201175–002.
Title: Port of NY/NJ Sustainable
Services Agreement.
Parties: APM Terminals North
America, Inc.; Global Terminal &
Container Services LLC; Maher
Terminals LLC; New York Container
Terminal, Inc.; and Port Newark
Container Terminal LLC.
Filing Party: Carol N. Lambos, Esq.;
The Lambos Firm, LLP; 303 South
Broadway, Suite 410; Tarrytown, NY
10591
Synopsis: The amendment would
allow the parties to enter into an
agreement with the Port Authority of
New York and New Jersey to discuss
and agree on matters relating to
environmentally sensitive, efficient, and
secure marine terminal operations,
including RFID technology; obtain and
administer government grants to fund
technology-related activities; meet with
stakeholders to discuss deployment of
RFID technologies; and to establish and
manage an entity to implement and
administer agreements reached
regarding RFID and/or other similar
technologies. The parties have requested
expedited review.
By Order of the Federal Maritime
Commission.
Dated: November 10, 2010.
Karen V. Gregory,
Secretary.
[FR Doc. 2010–28869 Filed 11–15–10; 8:45 am]
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FEDERAL MARITIME COMMISSION
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[Docket No. 10–10]
Draft Cargoways India (PVT.) LTD. v.
Damco USA, Inc., Damco A/S, and A.P.
Moller-Maersk A/S; Notice of Filing of
Complaint and Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (‘‘Commission’’) by DRAFT
CARGOWAYS INDIA (PVT.) LTD.
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19:33 Nov 15, 2010
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(‘‘DRAFT’’), hereinafter ‘‘Complainant,’’
against DAMCO USA, INC. (‘‘DAMCO
US’’), DAMCO A/S and A.P. MOLLERMAERSK A/S (‘‘MAERSK’’), hereinafter
‘‘Respondents’’. Complainant asserts that
it is a corporation organized and
existing pursuant to the laws of India
and registered as a foreign corporation
in the State of Virginia and a duly
licensed and bonded non-vesseloperating common carrier (‘‘NVOCC’’).
Complainant alleges that Respondent
DAMCO US is a Delaware corporation
and a licensed NVOCC and freight
forwarder, that Respondent DAMCO
A/S is a corporation organized and
existing pursuant to the laws of
Denmark and an NVOCC registered with
the Commission; and that Respondent
MAERSK is a corporation organized and
existing pursuant to the laws of
Denmark and a vessel-operating
common carrier operating in the U.S.
global trades.
Complainant asserts that Respondents
violated Sections 8(a)(1), 10(b)(2)(A),
10(b)(11), 10(b)(13) and 10(d)(1) of the
Shipping Act of 1984, 46 U.S.C.
40501(a)(1), 41104(2) and (11), 41103(a)
and 41102(c). Complainant alleges that
Respondent DAMCO A/S provided
NVOCC services to Complainant.
DAMCO A/S retained MAERSK as the
ocean common carrier and DAMCO US
as delivery agent for the shipments at
issue. Complainant alleges that
Respondent DAMCO US ‘‘invoiced and
attempted to collect amounts from
Complainant for demurrage and
detention’’ on the shipments at issue
and that ‘‘DAMCO A/S’ published tariff
did not contain any demurrage and
detention provisions * * *.’’
Complainant alleges that Respondent
DAMCO US has ‘‘made * * * false
representations, misleading statements
or omissions in a Complaint (* * *)
filed in the United States District Court
for the Eastern District of Virginia’’
pertaining to the same shipping
transactions. Complainant also alleges
that Respondents ‘‘have repeatedly
utilized a ‘bait and switch’ scheme
* * * in misleading the shipping
public, including DRAFT, * * * by
utilizing DAMCO US, DAMCO A/S, and
MAERSK as interchangeable parts’’ and
that the scheme is a ‘‘practice.’’
Complainants assert that by using this
scheme Respondents ‘‘knowingly
disclosed, offered, solicited and
received information concerning the
nature, kind, quantity, destination,
shipper, consignee, and routing of the
property * * * without the consent of
DRAFT and us(ed) that information to
the detriment and disadvantage to
DRAFT.’’ Complainant asserts that it
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70005
‘‘has lost significant business to
MAERSK generated by its Indian
accounts related to subject shipments.’’
Complainant states that as a direct
result of Respondents’ violations of the
Shipping Act, it has suffered injury.
Complainant requests the Commission:
compel Respondents to answer the
complaint; find Respondents in
violation of the Shipping Act; award
reparations to Complainant in the
amount of $20,725.00 ‘‘for amounts paid
for demurrage and detention’’, and
$150,000 for lost business and clients;
pay interest, costs and attorneys’ fees;
order Respondents to ‘‘cease and desist
in the action filed in the United States
District Court, Eastern District of
Virginia * * * and to cease and desist
in attempting to collect amounts for
demurrage and detention in the amount
of $174,412.50; and impose any other
relief as the Commission determines to
be proper, fair, and just.
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 November 9, 2011 and the
final decision of the Commission shall
be issued by March 8, 2012.
Karen V. Gregory,
Secretary.
[FR Doc. 2010–28726 Filed 11–15–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Establishment of the Independence
Advisory Council
Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
Authority: The Independence Advisory
Council is authorized under section 3207 of
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70006
Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices
the Affordable Care Act, Public Law 111–148.
The Council is governed by provisions of
Public Law 92–463, as amended, (5 U.S.C.
App. 2), which sets forth standards for the
formation and use of advisory committees.
The U.S. Department of
Health and Human Services announces
establishment of the Independence
Advisory Council, as directed by section
3207 of Public Law 111–148.
FOR FURTHER INFORMATION CONTACT: Sue
McElheny, U.S. Department of Health
and Human Services; Tel (202) 357–
3521, Fax (202) 357–3467,
classprogram@hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
Affordable Care Act, Public Law 111–
148, the President directed that the
Council shall be established within the
Department of Health and Human
Services (HHS). To comply with the
authorizing directive and guidelines
under the Federal Advisory Committee
Act (FACA), a charter has been filed
with the Committee Management
Secretariat in the General Services
Administration (GSA), the appropriate
committees in the Senate and U.S.
House of Representatives, and the
Library of Congress to establish the
Council as a non-discretionary Federal
advisory committee. The Secretary
signed the charter on November 9, 2010.
The charter was filed on November 9,
2010.
Objectives and Scope of Activities.
The CLASS Independence Advisory
Council is the Department’s statutory
public advisory body on matters of
general policy in the administration of
the CLASS program in the Affordable
Care Act. The Council will provide the
Secretary of Health and Human Services
with advice and guidance on the
development of the CLASS
Independence Benefit Plan, the
determination of monthly premiums
under such plan, and the financial
solvency of the program. In these
matters, the Council shall consult with
all components of the Department, other
federal entities, and non-federal
organizations, as appropriate; and
examine relevant data sources.
Membership and Designation. The
CLASS Independence Advisory Council
shall consist of not more than 15
individuals, not otherwise in the
employ of the United States who shall
be appointed by the President without
regard to the civil service laws and
regulations; and a majority of whom
shall be representatives of individuals
who participate or are likely to
participate in the CLASS program, and
shall include representatives of older
and younger workers, individuals with
disabilities, family caregivers of
individuals who require services and
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supports to maintain their
independence at home or in another
residential setting of their choice in the
community, individuals with expertise
in long-term care or disability
insurance, actuarial science, economics,
and other relevant disciplines, as
determined by the Secretary.
The members of the CLASS
Independence Advisory Council shall
serve overlapping terms of 3 years
(unless appointed to fill a vacancy
occurring prior to the expiration of a
term, in which case the individual shall
serve for the remainder of the term). A
member shall not be eligible to serve for
more than 2 consecutive terms. The
President shall, from time to time,
appoint one of the members of the
CLASS Independence Advisory Council
to serve as the Chair. All members will
serve as special government employees.
All members, while so serving away
from their homes or regular places of
business, may be allowed travel
expenses, including per diem in lieu of
subsistence, in the same manner as such
expenses are authorized by Section
5703, Title 5, U.S. Code, for employees
serving intermittently.
Nominations shall be submitted to
U.S. Department of Health and Human
Services, c/o Administration on Aging,
Attn: Class Nominations, Washington,
DC, 20201 (or) classprogram@hhs.gov
(or) fax (202) 357–3467 no later than
December 1, 2010.
Administrative Management and
Support. HHS will provide funding and
administrative support for the Council
to the extent permitted by law within
existing appropriations. Staff will be
assigned to a program office established
to support the activities of the Council.
Management and oversight for support
services provided to the Council will be
the responsibility of the CLASS Office.
All executive departments and agencies
and all entities within the Executive
Office of the President shall provide
information and assistance to the
Council as the Chair may request for
purposes of carrying out the Council’s
functions, to the extent permitted by
law. A copy of the Council charter can
be obtained from the designated
contacts or by accessing the FACA
database that is maintained by the GSA
Committee Management Secretariat. The
Web site for the FACA database is
https://fido.gov/facadatabase/.
Dated: November 10, 2010.
Kathy Greenlee,
Assistant Secretary for Aging.
[FR Doc. 2010–28781 Filed 11–15–10; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day-11–11AO]
Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–5960 and
send comments to Carol E. Walker, CDC
Acting Reports Clearance Officer, 1600
Clifton Road, MS–D74, Atlanta, GA
30333 or send an e-mail to
omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
Gulf Coast Children’s Health Study—
NEW—National Center for
Environmental Health (NCEH), Centers
for Disease Control and Prevention
(CDC).
Background and Brief Description
The Gulf Coast Children’s Health
Study addresses an important public
health need to assess the potential shortterm and long-term health effects among
children who lived in Federal
Emergency Management Agency
(FEMA)-provided temporary housing
units (THU) deployed in the Gulf Coast
region following hurricanes Katrina and
Rita and who were potentially exposed
to higher levels of indoor air pollutants
such as formaldehyde and other volatile
organic compounds compared to other
types of housing. These health effects
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Agencies
[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70005-70006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28781]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Establishment of the Independence Advisory Council
AGENCY: Department of Health and Human Services.
ACTION: Notice.
-----------------------------------------------------------------------
Authority: The Independence Advisory Council is authorized under
section 3207 of
[[Page 70006]]
the Affordable Care Act, Public Law 111-148. The Council is governed
by provisions of Public Law 92-463, as amended, (5 U.S.C. App. 2),
which sets forth standards for the formation and use of advisory
committees.
SUMMARY: The U.S. Department of Health and Human Services announces
establishment of the Independence Advisory Council, as directed by
section 3207 of Public Law 111-148.
FOR FURTHER INFORMATION CONTACT: Sue McElheny, U.S. Department of
Health and Human Services; Tel (202) 357-3521, Fax (202) 357-3467,
classprogram@hhs.gov.
SUPPLEMENTARY INFORMATION: Under the Affordable Care Act, Public Law
111-148, the President directed that the Council shall be established
within the Department of Health and Human Services (HHS). To comply
with the authorizing directive and guidelines under the Federal
Advisory Committee Act (FACA), a charter has been filed with the
Committee Management Secretariat in the General Services Administration
(GSA), the appropriate committees in the Senate and U.S. House of
Representatives, and the Library of Congress to establish the Council
as a non-discretionary Federal advisory committee. The Secretary signed
the charter on November 9, 2010. The charter was filed on November 9,
2010.
Objectives and Scope of Activities. The CLASS Independence Advisory
Council is the Department's statutory public advisory body on matters
of general policy in the administration of the CLASS program in the
Affordable Care Act. The Council will provide the Secretary of Health
and Human Services with advice and guidance on the development of the
CLASS Independence Benefit Plan, the determination of monthly premiums
under such plan, and the financial solvency of the program. In these
matters, the Council shall consult with all components of the
Department, other federal entities, and non-federal organizations, as
appropriate; and examine relevant data sources.
Membership and Designation. The CLASS Independence Advisory Council
shall consist of not more than 15 individuals, not otherwise in the
employ of the United States who shall be appointed by the President
without regard to the civil service laws and regulations; and a
majority of whom shall be representatives of individuals who
participate or are likely to participate in the CLASS program, and
shall include representatives of older and younger workers, individuals
with disabilities, family caregivers of individuals who require
services and supports to maintain their independence at home or in
another residential setting of their choice in the community,
individuals with expertise in long-term care or disability insurance,
actuarial science, economics, and other relevant disciplines, as
determined by the Secretary.
The members of the CLASS Independence Advisory Council shall serve
overlapping terms of 3 years (unless appointed to fill a vacancy
occurring prior to the expiration of a term, in which case the
individual shall serve for the remainder of the term). A member shall
not be eligible to serve for more than 2 consecutive terms. The
President shall, from time to time, appoint one of the members of the
CLASS Independence Advisory Council to serve as the Chair. All members
will serve as special government employees. All members, while so
serving away from their homes or regular places of business, may be
allowed travel expenses, including per diem in lieu of subsistence, in
the same manner as such expenses are authorized by Section 5703, Title
5, U.S. Code, for employees serving intermittently.
Nominations shall be submitted to U.S. Department of Health and
Human Services, c/o Administration on Aging, Attn: Class Nominations,
Washington, DC, 20201 (or) classprogram@hhs.gov (or) fax (202) 357-3467
no later than December 1, 2010.
Administrative Management and Support. HHS will provide funding and
administrative support for the Council to the extent permitted by law
within existing appropriations. Staff will be assigned to a program
office established to support the activities of the Council. Management
and oversight for support services provided to the Council will be the
responsibility of the CLASS Office. All executive departments and
agencies and all entities within the Executive Office of the President
shall provide information and assistance to the Council as the Chair
may request for purposes of carrying out the Council's functions, to
the extent permitted by law. A copy of the Council charter can be
obtained from the designated contacts or by accessing the FACA database
that is maintained by the GSA Committee Management Secretariat. The Web
site for the FACA database is https://fido.gov/facadatabase/.
Dated: November 10, 2010.
Kathy Greenlee,
Assistant Secretary for Aging.
[FR Doc. 2010-28781 Filed 11-15-10; 8:45 am]
BILLING CODE 4150-05-P