Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 18761 

1http://www.worldwide-logistics.cn/en/ 

ourservice.aspx?id=8. 

2As 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. 

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. 

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 

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 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
18762 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 

1The 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). 

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. 

[FR Doc. 2011–7999 Filed 4–4–11; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Notice 

March 30, 2011. 

TIME AND DATE: 11 a.m., Tuesday, April 

12, 2011. 

PLACE: The Richard V. Backley Hearing 

Room, 9th Floor, 601 New Jersey 

Avenue, NW., Washington, DC. 

STATUS: Open. 

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. 

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 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: 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. 

DATES: 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 http://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 

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 

http://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 http://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 


srobinson on DSKHWCL6B1PROD with NOTICES