Notices. Notice
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/register/2007/04/16/07-1872A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6690-01-M FEDERAL MARITIME COMMISSION [Docket No. 07-03] Armstrong World Industries, Inc. v. Expeditors International of Washington, Inc.; Notice of Complaint and Assignment Notice is given that a complaint and First Request for Production of Documents has been filed with the Federal Maritime Commission (“Commission”) by Armstrong World Industries, Inc. (“AWI”). Complainant asserts that it is a corporation under the laws of the State of Pennsylvania whose principal business is as a designer and manufacturer of floors.
Complainant alleges that Respondent, Expeditors International (“Expeditors”) is a corporation under the laws of the State of Washington and is licensed by the Federal Maritime Commission as an Ocean Transportation Intermediary, Non-Vessel-Operating Common Carrier. Complainant alleges that they used the services of Respondent for their ocean transportation requirements around the world, including from the Far East to Complainant's facilities in the U.S. through U.S. West Coast Ports.
Complainant asserts that during the 2005 peak shipping season Respondent “triple charged AWI for the pass-through peak season shipping charges assessed under Respondent's ocean shipping contracts with its Vessel-Operating Common Carriers.” Complainant alleges that the additional charges constitute violations of the following Sections of the Shipping Act of 1984 (“The Act”): Section 10(b)(4)(a) (46 U.S.C. 1709(b)(4)(a)) (now 46 U.S.C. 41104) for unfair or unjustly discriminatory practices in the matter of rates and charges;
Section 10(b)(8) (46 U.S.C. App. section 1709(b)(8)) (now 46 U.S.C. 41104) for the imposition of undue and unreasonable prejudice and disadvantage; and Section 10(d)(1) (46 U.S.C. App. section 1709(d)(1)) (now 46 U.S.C. 41102(c)), for failure to establish just and reasonable regulations and practices relating to or connecting with receiving or handling of property. Complainant requests the Commission to:
(a)Find Respondent to have violated the above referenced sections of the Act;
(b)direct Respondent to pay $216,765.00 and such other amounts proven by evidence in this proceeding, interest, and attorney's fees; and
(c)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 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 April 9, 2008, and the final decision of the Commission shall be issued by August 7, 2008. Bryant L. VanBrakle, Secretary. [FR Doc. E7-7095 Filed 4-13-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB AGENCY: Board of Governors of the Federal Reserve System SUMMARY: Background. Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance Officer--Michelle Shore--Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202-452-3829) OMB Desk Officer--Alexander T. Hunt--Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. Final approval under OMB delegated authority of the extension for three years, with revision, of the following report: *Report title:* Report of Money Market Mutual Fund Assets *Agency form number:* FR 2051a (formerly FR 2051a,b) *OMB control number:* 7100-0012 *Frequency:* Weekly *Reporters:* Money Market Mutual Funds *Annual reporting hours:* 5,200 hours *Estimated average hours per response:* 3 minutes *Number of respondents:* 2,000 *General description of report:* This information collection is voluntary (12 U.S.C. 353 et. seq.) and is given confidential treatment [5 U.S.C. 552(b)(4)]. *Abstract:* The weekly FR 2051a collects data on total shares outstanding for approximately 2,000 money market mutual funds. The monthly FR 2051b collects data on total net assets and portfolio holdings for approximately 600 funds. The data are used to construct the monetary aggregates and for the analysis of current money market conditions and banking developments. *Current Actions:* On February 1, 2007, the Federal Reserve published a notice in the Federal Register (72 FR 4708) requesting public comment for 60 days on the extension, with revision, of the Report of Money Market Mutual Fund Assets. The comment period for this notice expired on April 2, 2007. No comments were received. The revisions will be implemented as proposed. The Federal Reserve proposed to discontinue the monthly FR 2051b. Prior to the discontinuance of the M3 monetary aggregate in March 2006, the monthly data were used in the construction of the M3 aggregate. Due to the M3 discontinuance, data from the FR 2051b are no longer necessary. The discontinuance of the FR 2051b will reduce the annual burden by 1,440 hours to 5,200 hours. Final approval under OMB delegated authority of the extension for three years, without revision, of the following reports: *1. Report title:* Uniform Application for Municipal Securities Principal or Municipal Securities Representative Associated with a Bank Municipal Securities Dealer; Uniform Termination Notice for Municipal Securities Principal or Municipal Securities Representative Associated with a Bank Municipal Securities Dealer *Agency form number:* FR MSD-4, FR MSD-5 *OMB control number:* 7100-0100, 7100-0101 *Frequency:* On occasion *Reporters:* State member banks and foreign dealer banks engaging in activities as municipal securities dealers. *Annual reporting hours:* FR MSD-4, 76 hours; FR MSD-5, 30 hours *Estimated average hours per response:* FR MSD-4, 1 hour; FR MSD-5, 0.25 hours *Number of respondents:* FR MSD-4, 76; FR MSD-5, 119 *General description of report:* These information collections are mandatory for state member banks (12 U.S.C. § 248(a)(1)) and for foreign bank branches and agencies (12 U.S.C. 3105(c)(2)) and are given confidential treatment (5 U.S.C. § 552(b)(6)). *Abstract:* The FR MSD-4 collects information, such as personal history and professional qualifications, on an employee whom the bank wishes to assume the duties of a municipal securities principal or representative. The FR MSD-5 collects the date of, and reason for, termination of such an employee. *Current Actions:* On February 1, 2007, the Federal Reserve published a notice in the Federal Register (72 FR 4708) requesting public comment for 60 days on the extension, without revision, of the Uniform Application for Municipal Securities Principal or Municipal Securities Representative Associated with a Bank Municipal Securities Dealer, and the Uniform Termination Notice for Municipal Securities Principal or Municipal Securities Representative Associated with a Bank Municipal Securities Dealer. The comment period for this notice expired on April 2, 2007. No comments were received. *2. Report title:* Notice By Financial Institutions of Government Securities Broker or Government Securities Dealer Activities; Notice By Financial Institutions of Termination of Activities as a Government Securities Broker or Government Securities Dealer *Agency form number:* FR G-FIN, FR G-FINW *OMB control number:* 7100-0224 *Frequency:* On occasion *Reporters:* State member banks, foreign banks, uninsured state branches or state agencies of foreign banks, commercial lending companies owned or controlled by foreign banks, and Edge corporations. *Annual reporting hours:* FR G-FIN, 26 hours; FR G-FINW, 1 hour *Estimated average hours per response:* FR G-FIN, 1 hour; FR G-FINW, 0.25 hours *Number of respondents:* FR G-FIN, 26; FR G-FINW, 5 *General description of report:* These information collections are mandatory (15 U.S.C. 78o-5(a)(1)(B)) and are not given confidential treatment. *Abstract:* The Government Securities Act of 1986 (the Act) requires financial institutions to notify their appropriate regulatory authority of their intent to engage in government securities broker or dealer activity, to amend information submitted previously, and to record their termination of such activity. The Federal Reserve Board uses the information in its supervisory capacity to measure compliance with the Act. *Current Actions:* On February 1, 2007, the Federal Reserve published a notice in the Federal Register (72 FR 4708) requesting public comment for 60 days on the extension, without revision, of the Notice By Financial Institutions of Government Securities Broker or Government Securities Dealer Activities, and the Notice By Financial Institutions of Termination of Activities as a Government Securities Broker or Government Securities Dealer. The comment period for this notice expired on April 2, 2007. No comments were received. Board of Governors of the Federal Reserve System, April 11, 2007. Jennifer J. Johnson Secretary of the Board. [FR Doc. E7-7137 Filed 4-13-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 11, 2007. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. Cooperative Bankshares, Inc.* , Wilmington, North Carolina; to acquire 100 percent of the voting shares of Bank of Jefferson, Jefferson, South Carolina. Board of Governors of the Federal Reserve System, April 11, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-7123 Filed 4-13-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 11, 2007. **A. Federal Reserve Bank of Boston** (Richard Walker, Community Affairs Officer) P.O. Box 55882, Boston, Massachusetts 02106-2204: *1. BankFive, MHC, and BankFive Corporation, both of Fall River, Massachusetts;* to acquire 100 percent of the voting shares, and thereby merge with New Bedford Community Bancorp and acquire Luzo Community Bank, both of New Bedford, Massachusetts. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. GC Bancorp, Inc., Chicago, Illinois;* to become a bank holding company by acquiring 100 percent of the voting shares of Gold Coast Bank, Chicago, Illinois. In connection with this application Applicant also has applied to engage de novo in extending credit and servicing loans, pursuant to section 225.28 (b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, April 11, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-7124 Filed 4-13-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Chronic Fatigue Syndrome Advisory Committee AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science. ACTION: Notice. SUMMARY: As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Services is hereby giving notice that the Chronic Fatigue Syndrome Advisory Committee (CFSAC) will hold a meeting. The meeting will be open to the public. DATES: The meeting will be held on Wednesday, May 16, 2007 and Thursday, May 17, 2007. The meeting will be held from 9 a.m. to approximately 5 p.m. on both days. ADDRESSES: Department of Health and Human Services, Hubert H. Humphrey Building, Room 800, 200 Independence Avenue, SW., Washington, DC 20201. FOR FURTHER INFORMATION CONTACT: Dr. Anand K. Parekh, Executive Secretary, Chronic Fatigue Syndrome Advisory Committee, Department of Health and Human Services, 200 Independence Avenue, SW., Room 727H, Washington, DC 20201, or Ms. Olga Nelson at
(202)401-7899. SUPPLEMENTARY INFORMATION: CFSAC was established on September 5, 2002. The Committee was established to advise, consult with, and make recommendations to the Secretary, through the Assistant Secretary for Health, on a broad range of topics including
(1)the current state of knowledge and research about the epidemiology and risk factors relating to chronic fatigue syndrome, and identifying potential opportunities in these areas;
(2)current and proposed diagnosis and treatment methods for chronic fatigue syndrome; and
(3)development and implementation of programs to inform the public, health care professionals, and the biomedical, academic, and research communities about chronic fatigue syndrome advances. The agenda for this meeting is being developed. The agenda will be posted on the CFSAC Web site, *http://www.hhs.gov/advcomcfs,* when it is finalized. Public attendance at the meeting is limited to space available. Individuals must provide a photo ID for entry into the building where the meeting is scheduled to be held. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the designated contact person. Members of the public will have the opportunity to provide comments at the meeting. Individuals who wish to address the Committee during the public comment session must pre-register by May 11, 2007. Any individual who wishes to participate in the public comment session should call the telephone number listed in the contact information to register. Public comments will be limited to five minutes per speaker. Members of the public who wish to have printed material distributed to CFSAC members for discussion should submit, at a minimum, one copy of the material to the Executive Secretary, CFSAC, prior to close of business on May 11, 2007. Contact information for the Executive Secretary, CFSAC, is listed above. Dated: April 10, 2007. Anand K. Parekh, Executive Secretary, Chronic Fatigue Syndrome Advisory Committee. [FR Doc. E7-7130 Filed 4-13-07; 8:45 am] BILLING CODE 4150-42-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Toxicology Program (NTP); Report on Carcinogens Review Process for the 12th Report on Carcinogens
(RoC)AGENCY: National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH), Department of Health and Human Services. ACTION: Notice. SUMMARY: The NTP announces its scientific review process to review nominations for the 12th RoC. The process is available on the NTP Web site *http://ntp.niehs.nih.gov* (select “Report on Carcinogens”) or by contacting Dr. C.W. Jameson at the address provided below. ADDRESSES: All correspondence should be directed to Dr. C.W. Jameson, National Toxicology Program, Report on Carcinogens, 79 Alexander Drive, Building 4401, Room 3118, P.O. Box 12233, Research Triangle Park, NC 27709; telephone:
(919)541-4096, fax:
(919)541-0144, e-mail: *jameson@niehs.nih.gov.* SUPPLEMENTARY INFORMATION: Background On August 17, 2006, the NTP released its draft review process applicable for nominations to the 12th RoC (71 FR 47507) and invited public comment. The NTP considered all comments received and now announces the final RoC review process for the 12th RoC. Two important elements in the RoC review process are
(1)the public peer review of draft background documents by *ad hoc* scientific expert panels and
(2)the public peer review of draft substance profiles by the NTP Board of Scientific Counselors. In addition, the NTP will also, on a trial basis, prepare a response to public comments for the 12th RoC. The RoC review process is described in more detail on the NTP Web site ( *http://ntp.niehs.nih.gov* / select “Report on Carcinogens”). Background Information on the Report on Carcinogens The RoC is a congressionally mandated document (Section 301(b)(4) of the Public Health Services Act, 42 U.S.C. 241(b)(4)), published by the Secretary of Health and Human Services (HHS), that identifies agents, substances, mixtures, or exposure circumstances (collectively referred to as “substances”) that may pose a carcinogenic hazard to human health. The Secretary, HHS, has delegated responsibility for preparing the draft report to the NTP. Substances are listed in the RoC as either known to be a human carcinogen or reasonably anticipated to be a human carcinogen. Review of nominations involves a multi-step scientific review process with opportunity for public comment. At the end of this process, NTP forwards a draft RoC to the Secretary for review, approval, and transmittal to Congress and the public. The NTP solicits and encourages the broadest participation from interested individuals or parties in nominating substances for review for future RoCs. Nominations should contain a rationale for review. Appropriate background information and relevant data [e.g., journal articles, NTP Technical Reports, International Agency for Research on Cancer
(IARC)listings, exposure surveys, release inventories, etc.] that support the review of a nomination should be provided or referenced when possible. Contact information for the nominator should also be included [name, affiliation (if any), address, telephone, fax, and e-mail]. Dated: March 19, 2007. David A. Schwartz, Director, National Institute of Environmental Health Science and National Toxicology Program. [FR Doc. E7-7111 Filed 4-13-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Office for Civil Rights; Delegations of Authority Notice is hereby given that I have delegated to the Director of the Office for Civil Rights the following authority vested in the Secretary of Health and Human Services. A. Subpoenas for the Health Insurance Portability and Accountability Act of 1996: Authority under Section 205(d) of the Social Security Act (42 U.S.C. 405(d)), with authority to redelegate, to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or compliance review for failure to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards and requirements related to the privacy of individually identifiable health information at 45 CFR parts 160 and 164. Section 1176(a)(2) of the Social Security Act, 42 U.S.C. 1320d-5(a)(2), which provides authority for the imposition of civil money penalties
(CMPs)for violations, makes section 1128A of the Social Security Act, 42 U.S.C. 1320a-7a, applicable to the imposition of CMPs for violations of the HIPAA administrative simplification standards. Section 1128A(j)(1), 42 U.S.C. 1320a-7a(j)(1), makes section 205(d) and
(e)of the Social Security Act, 42 U.S.C. 405(d) and (e), applicable to section 1128A as the subsections are with respect to Title II of the Social Security Act. Section 205(d) and
(e)authorizes the issuance of subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Secretary and the enforcement of such a subpoena in court in event of refusal to comply. B. Subpoenas for the Patient Safety and Quality Improvement Act of 2005: Authority under Section 205(d) of the Social Security Act (42 U.S.C. 405(d)), with authority to redelegate, to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or compliance review for failure to comply with the confidentiality provisions of the Patient Safety and Quality Improvement Act of 2005. Section 922(f)(2) of the Public Health Service Act, 42 U.S.C. 299b-22(f)(2), provides that section 1128A of the Social Security Act shall apply to CMPs under the Patient Safety and Quality Improvement Act of 2005. As noted above, section 1128A incorporates by reference section 205(d) and
(e)of the Social Security Act, which authorizes the issuance and enforcement of subpoenas. These delegations shall be exercised under the Department's existing delegation of authority on the issuance of regulations and existing policy on the issuance of regulations. In addition, I hereby affirm and ratify any actions taken by the Director of the Office for Civil Rights or his subordinates which involved the exercise of the authority delegated herein prior to the effective date of these delegations. These delegations are effective immediately. Michael O. Leavitt, Secretary. [FR Doc. 07-1872 Filed 4-13-07; 8:45 am]
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U.S. Code
- Common carriers§ 41104
- General prohibitions§ 41102
- Purchase and sale of cable transfers, acceptances and bills§ 353
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Enumerated powers§ 248
- Authority of Federal Reserve System§ 3105
- Government securities brokers and dealers§ 78o–5
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
- Research and investigations generally§ 241
- Evidence, procedure, and certification for payments§ 405
- General penalty for failure to comply with requirements and standards§ 1320d–5
- Civil monetary penalties§ 1320a–7a
- Privilege and confidentiality protections§ 299b–22
4 references not yet in our index
- 46 USC 1709(b)(4)(a)
- 46 CFR 502.61
- 5 CFR 1320.16
- 12 CFR 225
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Notices
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Cite46 USC 1709(b)(4)(a)
Cite46 CFR 502.61
Cite5 CFR 1320.16
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