Worldwide Logistics Co., Ltd.; Possible Violations of Sections 10(a)(1) and 10(b)(2) of the Shipping Act of 1984; Order of Investigation and Hearing, 18761-18762 [2011-7999]
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Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices
Nations NOI also examines public safety
and interoperability challenges on
Tribal lands, including the widespread
lack of 911 and E–911 services.
The Native Nations NOI also seeks
comment on how to improve the
Commission’s processes and Best
Practices—pursuant to Section 106 of
the National Historic Preservation Act—
for the protection of Native sacred sites
and consultation with Native Nations
and Native Hawaiian Organizations in
the review of communications tower
sitings. In addition, the Native Nations
NOI seeks comment on ways to make
satellite-based services available for
Native Nations, by addressing issues of
cost, equipment, and market-entry
points for Native Nations.
The Native Nations NOI seeks
comment on the extent to which
persons with disabilities living on
Tribal lands experience barriers in using
communications services and advanced
technologies, and asks how the
Commission can address those barriers.
The Native Nations NOI also asks how
the Commission can best structure a
productive and efficient nation-tonation consultation process unique to
the mission of the Commission and the
needs of Native Nations, recognizing
that many consultations with the
Federal government are occurring on
many different and inter-related issues
at any given time.
Finally, recognizing that the Native
Nations NOI may not cover all of the
communications challenges facing
Native Nations and their communities,
the document invites comment on other
matters involved in the provision of
communications services to Native
communities that may warrant future
Commission action.
srobinson on DSKHWCL6B1PROD with NOTICES
Ordering Clauses
Pursuant to sections 1, 2, 4(i), 4(j),
7(a), 11, 214, 225, 254, 255, 301, 303(c),
303(f), 303(g), 303(r), 303(y), 308, 332,
403, 706, and 716 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 157(a), 161, 214, 225, 254, 255,
301, 303(c), 303(f), 303(g), 303(r), 303(y),
308, 332, 404, 706, and 716, and section
106 of the National Historic
Preservation Act, 16 U.S.C. 470f,
document FCC 11–30 is adopted.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.
[FR Doc. 2011–7961 Filed 4–4–11; 8:45 am]
BILLING CODE 6712–01–P
VerDate Mar<15>2010
18:30 Apr 04, 2011
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FEDERAL MARITIME COMMISSION
[Docket No. 11–04]
Worldwide Logistics Co., Ltd.;
Possible Violations of Sections 10(a)(1)
and 10(b)(2) of the Shipping Act of
1984; Order of Investigation and
Hearing
Worldwide Logistics Co., Ltd.
(Worldwide) is a company based in the
People’s Republic of China, providing
service as a non-vessel-operating
common carrier (NVOCC). Worldwide
registered with the FMC as a foreignbased NVOCC in September 2004.
Worldwide’s reported address is 14F–
16F Junjiang International Tower, No.
228 Ning Guo Road, Yangpu District,
Shanghai, PRC 200090. It is a part of the
Worldwide Logistics Group, said to be
one of the leading integrated logistics
service providers in China.1
Worldwide currently holds itself out
as an NVOCC pursuant to its automated
tariff No. 019194–001. Its tariff is
maintained by Distribution
Publications, Inc., and is published
electronically at https://
www.dpiusa.com. Worldwide currently
maintains an NVOCC bond with
Navigators Insurance Company, 6
International Drive, Rye Brook, NY
10573.
It appears that Worldwide originated
and substantially participated in an
ongoing practice of misdescribing cargo
to the transporting ocean common
carrier since at least April 2008. With
respect to those shipments apparently
misdescribed, Worldwide was identified
as the shipper signatory to various
service contracts with ocean common
carriers 2 and as the person for whose
account the transportation was being
provided. Contemporaneous
documentation such as the commercial
invoice or the NVOCC house bill of
lading reflect that shipments declared to
the vessel operator as ‘‘fabric’’ or ‘‘cotton
fabric’’ actually were loaded with
garments or with other miscellaneous
finished textile goods. Due to the
difference between the rate Worldwide
paid to ship the misdescribed goods and
the rate at which the cargo should have
moved under the various service
contracts used by Worldwide, it appears
that Worldwide obtained lower than
applicable rates for these shipments, in
1 https://www.worldwide-logistics.cn/en/
ourservice.aspx?id=8.
2 As relevant herein, these contracts include, but
are not limited to: Evergreen S/C # SC325398, #
SC34303, and # SC37000; Hanjin S/C # AEF24208;
K Line S/C # 41033; Maersk S/C # 275214; NYK S/
C # SC0109828, # SC0114261, and # SC0114580;
and OOCL S/C # PE084981.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
18761
violation of section 10(a)(1) of the
Shipping Act.
It also appears that for these same
shipments, Worldwide acted as a
common carrier in relation to its
NVOCC customers and issued its own
NVOCC bill of lading. Worldwide has
maintained an electronic tariff since
September 17, 2004. However, as
indicated by Worldwide’s debit notes,
the rate assessed by Worldwide to its
NVOCC customers appears to differ
substantially from its published rates.
Accordingly, it appears that Worldwide
provided service that was not in
accordance with its published tariff, in
violation of 10(b)(2) of the Shipping Act.
Now therefore, it is ordered, That
pursuant to sections 10, 11, and 13 of
the Shipping Act, 46 U.S.C. 41102,
41104, and 41107–41109, an
investigation is instituted to determine:
(1) whether Worldwide Logistics Co.,
Ltd. violated section 10(a)(1) of the
Shipping Act by obtaining
transportation at less than the rates and
charges otherwise applicable by an
unjust or unfair device or means;
(2) whether Worldwide Logistics Co.,
Ltd. violated section 10(b)(2) of the
Shipping Act by providing service other
than at the rates, charges, and
classifications set forth in its published
NVOCC tariff or applicable NSA;
(3) whether, in the event violations of
sections 10(a)(1) or 10(b)(2) of the
Shipping Act are found, civil penalties
should be assessed against Worldwide
Logistics Co., Ltd. and, if so, the amount
of penalties to be assessed;
(4) whether, in the event violations of
sections 10(a)(1) or 10(b)(2) of the
Shipping Act are found, the tariff(s) of
Worldwide Logistics Co., Ltd. should be
suspended; and
(5) whether, in the event violations
are found, an appropriate cease and
desist order should be issued.
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
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18762
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices
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 Worldwide
Logistics Co., Ltd. is designated
Respondent 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 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 2 of the
Commission’s Rules of Practice and
Procedure, 46 CFR 502.2 (formerly
§ 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 March 29, 2012 and the final
decision of the Commission shall be
issued by July 27, 2012.
By the Commission.
Karen V. Gregory,
Secretary.
BILLING CODE 6730–01–P
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
srobinson on DSKHWCL6B1PROD with NOTICES
Sunshine Act Notice
March 30, 2011.
11 a.m., Tuesday, April
12, 2011.
The Richard V. Backley Hearing
Room, 9th Floor, 601 New Jersey
Avenue, NW., Washington, DC.
STATUS: Open.
PLACE:
VerDate Mar<15>2010
15:18 Apr 04, 2011
Emogene Johnson,
Administrative Assistant.
[FR Doc. 2011–8129 Filed 4–1–11; 11:15 am]
BILLING CODE 6735–01–P
FEDERAL TRADE COMMISSION
[File No. 102 3136]
Google, Inc.; Analysis of Proposed
Consent Order To Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before May 2, 2011.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Google, File
No. 102 3136’’ to facilitate the
organization of comments. Please note
that your comment—including your
name and your state—will be placed on
the public record of this proceeding,
including on the publicly accessible
FTC Web site, at https://www.ftc.gov/os/
publiccomments.shtm.
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
DATES:
[FR Doc. 2011–7999 Filed 4–4–11; 8:45 am]
TIME AND DATE:
MATTERS TO BE CONSIDERED: The Federal
Mine Safety and Health Review
Commission will consider and act upon
the following in open session: Secretary
of Labor v. Cumberland Coal Resources,
LP, Docket No. PENN 2008–189. (Issues
include whether the judge erred in
determining that four violations of 30
CFR 75.380(d)(7)(iv), which requires
effective escapeway lifelines, were not
‘‘significant and substantial.’’)
Any person attending this meeting
who requires special accessibility
features and/or auxiliary aids, such as
sign language interpreters, must inform
the Commission in advance of those
needs. Subject to 29 CFR 2706.150(a)(3)
and 2706.160(d).
CONTACT PERSON FOR MORE INFO: Jean
Ellen (202) 434–9950/(202) 708–9300
for TDD Relay/1–800–877–8339 for toll
free.
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other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential * * * as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2).’’ Comments
containing material for which
confidential treatment is requested must
be filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with FTC Rule 4.9(c), 16 CFR
4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: https://
ftcpublic.commentworks.com/ftc/
googlebuzz and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink:
https://ftcpublic.commentworks.com/
ftc/googlebuzz. If this Notice appears at
https://www.regulations.gov/search/
index.jsp, you may also file an
electronic comment through that Web
site. The Commission will consider all
comments that regulations.gov forwards
to it. You may also visit the FTC Web
site at https://www.ftc.gov/ to read the
Notice and the news release describing
it.
A comment filed in paper form
should include the ‘‘Google, File No. 102
3136’’ reference both in the text and on
the envelope, and should be mailed or
delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H–113 (Annex D), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\05APN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18761-18762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7999]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Docket No. 11-04]
Worldwide Logistics Co., Ltd.; Possible Violations of Sections
10(a)(1) and 10(b)(2) of the Shipping Act of 1984; Order of
Investigation and Hearing
Worldwide Logistics Co., Ltd. (Worldwide) is a company based in the
People's Republic of China, providing service as a non-vessel-operating
common carrier (NVOCC). Worldwide registered with the FMC as a foreign-
based NVOCC in September 2004. Worldwide's reported address is 14F-16F
Junjiang International Tower, No. 228 Ning Guo Road, Yangpu District,
Shanghai, PRC 200090. It is a part of the Worldwide Logistics Group,
said to be one of the leading integrated logistics service providers in
China.\1\
---------------------------------------------------------------------------
\1\ https://www.worldwide-logistics.cn/en/ourservice.aspx?id=8.
---------------------------------------------------------------------------
Worldwide currently holds itself out as an NVOCC pursuant to its
automated tariff No. 019194-001. Its tariff is maintained by
Distribution Publications, Inc., and is published electronically at
https://www.dpiusa.com. Worldwide currently maintains an NVOCC bond
with Navigators Insurance Company, 6 International Drive, Rye Brook, NY
10573.
It appears that Worldwide originated and substantially participated
in an ongoing practice of misdescribing cargo to the transporting ocean
common carrier since at least April 2008. With respect to those
shipments apparently misdescribed, Worldwide was identified as the
shipper signatory to various service contracts with ocean common
carriers \2\ and as the person for whose account the transportation was
being provided. Contemporaneous documentation such as the commercial
invoice or the NVOCC house bill of lading reflect that shipments
declared to the vessel operator as ``fabric'' or ``cotton fabric''
actually were loaded with garments or with other miscellaneous finished
textile goods. Due to the difference between the rate Worldwide paid to
ship the misdescribed goods and the rate at which the cargo should have
moved under the various service contracts used by Worldwide, it appears
that Worldwide obtained lower than applicable rates for these
shipments, in violation of section 10(a)(1) of the Shipping Act.
---------------------------------------------------------------------------
\2\ As relevant herein, these contracts include, but are not
limited to: Evergreen S/C SC325398, SC34303, and
SC37000; Hanjin S/C AEF24208; K Line S/C
41033; Maersk S/C 275214; NYK S/C
SC0109828, SC0114261, and SC0114580; and OOCL S/
C PE084981.
---------------------------------------------------------------------------
It also appears that for these same shipments, Worldwide acted as a
common carrier in relation to its NVOCC customers and issued its own
NVOCC bill of lading. Worldwide has maintained an electronic tariff
since September 17, 2004. However, as indicated by Worldwide's debit
notes, the rate assessed by Worldwide to its NVOCC customers appears to
differ substantially from its published rates. Accordingly, it appears
that Worldwide provided service that was not in accordance with its
published tariff, in violation of 10(b)(2) of the Shipping Act.
Now therefore, it is ordered, That pursuant to sections 10, 11, and
13 of the Shipping Act, 46 U.S.C. 41102, 41104, and 41107-41109, an
investigation is instituted to determine:
(1) whether Worldwide Logistics Co., Ltd. violated section 10(a)(1)
of the Shipping Act by obtaining transportation at less than the rates
and charges otherwise applicable by an unjust or unfair device or
means;
(2) whether Worldwide Logistics Co., Ltd. violated section 10(b)(2)
of the Shipping Act by providing service other than at the rates,
charges, and classifications set forth in its published NVOCC tariff or
applicable NSA;
(3) whether, in the event violations of sections 10(a)(1) or
10(b)(2) of the Shipping Act are found, civil penalties should be
assessed against Worldwide Logistics Co., Ltd. and, if so, the amount
of penalties to be assessed;
(4) whether, in the event violations of sections 10(a)(1) or
10(b)(2) of the Shipping Act are found, the tariff(s) of Worldwide
Logistics Co., Ltd. should be suspended; and
(5) whether, in the event violations are found, an appropriate
cease and desist order should be issued.
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
[[Page 18762]]
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 Worldwide Logistics Co., Ltd. is
designated Respondent 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 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 2 of
the Commission's Rules of Practice and Procedure, 46 CFR 502.2
(formerly Sec. 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 March 29, 2012 and the
final decision of the Commission shall be issued by July 27, 2012.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011-7999 Filed 4-4-11; 8:45 am]
BILLING CODE 6730-01-P
