Streak Products, Inc. v. UTi, United States, Inc.; Notice of Filing of Complaint and Assignment, 24199 [2013-09726]

Download as PDF Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Notices 24199 TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS—Continued EPA Company number Company name and address 48520 ........................................................................... 62719 (AL020006; AR020003; KY050001; MI040003; MN030003; MS030003; ND020003; NY050002; OH030003). 66330 ........................................................................... 74655 ........................................................................... NV000005 .................................................................... III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the September 19, 2012 Federal Register notice announcing the Agency’s receipt of the requests for voluntary cancellations of products listed in Table 1 of Unit II. IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are canceled. The effective date of the cancellations that are the subject of this notice is April 24, 2013. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of FIFRA. tkelley on DSK3SPTVN1PROD with NOTICES V. What is the agency’s authority for taking this action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the Federal Register issue of September 19, 2012 (77 FR 58136) (FRL–9361–2). The comment period closed on March 18, 2013. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are VerDate Mar<15>2010 18:05 Apr 23, 2013 Jkt 229001 Phoenix Products Company, 5 Roger Ave., Milford, CT 06460–6436. Dow AgroSciences, LLC, 9330 Zionsville Rd., Indianapolis, IN 46268–1054. Arysta Life Science North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. Hercules Incorporated, A Wholly Owned Subsidiary of Ashland, Inc., 7910 Baymeadows Way, Suite 100, Jacksonville, FL 32256. AMVAC Chemical Corporation, 4695 MacArthur Ct., Suite 1200, Newport Beach, CA 92660–1706. currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The existing stocks provisions for the products subject to this order are as follows. The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. until April 24, 2014, which is 1 year after the publication of the Cancellation Order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1 of Unit II., except for export in accordance with FIFRA section 17, or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II. until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. List of Subjects Environmental protection, Pesticides and pests. Dated: April 9, 2013. Richard P. Keigwin, Jr., Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2013–09553 Filed 4–23–13; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION [Docket No. 13—04] Streak Products, Inc. v. UTi, United States, Inc.; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by Streak Products, Inc. (‘‘Streak’’), hereinafter ‘‘Complainant,’’ against UTi, United States, Inc. (‘‘UTi’’), hereinafter ‘‘Respondent.’’ Complainant states that it is a Delaware Corporation and PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 manufacturer of computer storage devices. Complainant alleges that Respondent is an FMC licensed NVOCC with its primary place of business in Long Beach, CA. Complainant alleges that Respondent ‘‘has overcharged it by billing amounts in excess of lawful tariff from 2003 until present,’’ and therefore, has violated 46 U.S.C. 41104(2). Complainant also alleges that ‘‘UTi engaged in an unfair or unjustly discriminatory practice in violation of 46 U.S.C. 41104(4) by charging Streak rates greater than those it charged other shippers,’’ and that ‘‘UTi violated 46 U.S.C. 40501 by failing to keep open to public inspection in its tariff system, tariffs showing all its rates, charges, classifications, rules and practices between all points or ports on its own route and on any through transportation route that has been established.’’ Complainant requests that the Commission issue the following relief: ‘‘(1) an order be entered commanding UTi to pay Streak reparations for violations of the Shipping Act, plus interest, costs, and attorneys’ fees [sic] any other damages to be determined; and (2) that such other and further relief be granted as the Commission determines to be proper, fair and just in the circumstances.’’ The full text of the complaint can be found in the Commission’s Electronic Reading Room at www.fmc.gov/13-04. This proceeding has been assigned to the Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by April 18, 2014 and the final decision of the Commission shall be issued by August 18, 2014. Karen V. Gregory, Secretary. [FR Doc. 2013–09726 Filed 4–23–13; 8:45 am] BILLING CODE 6730–01–P E:\FR\FM\24APN1.SGM 24APN1

Agencies

Federal Maritime Commission

[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Page 24199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09726]


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FEDERAL MARITIME COMMISSION

[Docket No. 13--04]


Streak Products, Inc. v. UTi, United States, Inc.; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Streak Products, Inc. (``Streak''), 
hereinafter ``Complainant,'' against UTi, United States, Inc. 
(``UTi''), hereinafter ``Respondent.'' Complainant states that it is a 
Delaware Corporation and manufacturer of computer storage devices. 
Complainant alleges that Respondent is an FMC licensed NVOCC with its 
primary place of business in Long Beach, CA.
    Complainant alleges that Respondent ``has overcharged it by billing 
amounts in excess of lawful tariff from 2003 until present,'' and 
therefore, has violated 46 U.S.C. 41104(2). Complainant also alleges 
that ``UTi engaged in an unfair or unjustly discriminatory practice in 
violation of 46 U.S.C. 41104(4) by charging Streak rates greater than 
those it charged other shippers,'' and that ``UTi violated 46 U.S.C. 
40501 by failing to keep open to public inspection in its tariff 
system, tariffs showing all its rates, charges, classifications, rules 
and practices between all points or ports on its own route and on any 
through transportation route that has been established.''
    Complainant requests that the Commission issue the following 
relief: ``(1) an order be entered commanding UTi to pay Streak 
reparations for violations of the Shipping Act, plus interest, costs, 
and attorneys' fees [sic] any other damages to be determined; and (2) 
that such other and further relief be granted as the Commission 
determines to be proper, fair and just in the circumstances.''
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov/13-04.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by April 18, 2014 and the final decision of 
the Commission shall be issued by August 18, 2014.

Karen V. Gregory,
Secretary.
[FR Doc. 2013-09726 Filed 4-23-13; 8:45 am]
BILLING CODE 6730-01-P

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