Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices 3643

James A. Kay, Jr. has willfully or

repeatedly operated a conventional

station in the trunked mode in violation

of 47 CFR 90.113; (c) whether Kay has

willfully or repeatedly violated any of

the Commission’s construction and

operation requirements in violation of

47 CFR 90.155, 90.157, 90.313, 90.623,

90.627, 90.631, and 90.633; (d) whether

James A. Kay, Jr. has abused the

Commission’s processes by filing

applications in multiple names in order

to avoid compliance with the

Commission’s channel sharing and

recovery provisions in violation of 47

CFR 90.623 and 90.629; (e) whether

James A. Kay, Jr. willfully or

maliciously interfered with the radio

communications of other systems, in

violation of Sections 333 of the Act; (f)

whether James A. Kay, Jr. has abused

the Commission’s processes in order to

obtain cancellation of other licenses; (g)

in light of the evidence adduced

pursuant to the foregoing issues,

whether James A. Kay, Jr. is qualified to

remain a Commission licensee; and (h)

whether any of James A. Kay, Jr.’s

licenses have automatically cancelled as

a result of violations listed in

subparagraph (c) pursuant to 47 CFR

90.155, 90.157, 90.631 or 90.633.

The Commission also directed

pursuant to Sections 312 (b) and (c) of

the Act that Kay show cause why he

should not be ordered to cease and

desist from failing to operate his Private

Land Mobile Radio licenses

substantially as set forth in the licenses,

from violating Sections 308(b) and 333

of the Act, from violating 47 CFR 1.17,

90.155, 90.157, 90.313, 90.623, 90.627,

90.629, 90.631, 90.633 and/or from

certain abuses of process.

The Commission also ordered that it

be determined, pursuant to section 503

of the Act, whether an Order For

Forfeiture shall be issued against James

A. Kay, Jr. for willful and/or repeated

violations of the Act and the

Commission’s Rules discussed in the

preceding paragraphs in an amount not

to exceed $10,000 for each violation or

each day of a continuing violation,

except that the amount assessed for any

continuing violation shall not exceed a

total of $75,000 for any single act or

failure to act.

The Commission ordered that to avail

himself of the opportunity to be heard,

Kay, in person or by attorney, shall file

with the Commission (within thirty (30)

days of the receipt of the Order to Show

Cause, Hearing Designation Order and

Notice of Opportunity for Hearing for

Forfeiture) a written appearance stating

that he will appear at the hearing and

present evidence on the matters

specified in the Order. If Kay fails to file

an appearance within the time

specified, his right to a hearing shall be

deemed to have been waived. Where a

hearing is waived, a written statement

in mitigation or justification may be

submitted within thirty (30 days of the

receipt of the Order. In the event the

right to a hearing is waived, the

presiding Officer, or the Chief

Administrative Law Judge, if no

presiding officer has been designated,

will terminate the hearing proceeding

and certify the case to the Commission

in the regular course of business and an

appropriate order will be entered. See

47 CFR 1.92 of the Commission’s rules.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–1087 Filed 1–17–95; 8:45 am]

BILLING CODE 6712–01–M

FEDERAL MARITIME COMMISSION

Agreement(s) Filed; South Europe

American Conference, et al.

The Federal Maritime Commission

hereby gives notice of the filing of the

following agreement(s) pursuant to

section 5 of the Shipping Act of 1984.

Interested parties may inspect and

obtain a copy of each agreement at the

Washington, DC Office of the Federal

Maritime Commission, 800 North

Capitol Street, NW., 9th Floor.

Interested parties may submit comments

on each agreement to the Secretary,

Federal Maritime Commission,

Washington, DC 20573, within 10 days

after the date of the Federal Register in

which this notice appears. The

requirement for comments are found in

§ 572.603 of Title 46 of the Code of

Federal Regulations. Interested persons

should consult this section before

communicating with the Commission

regarding a pending agreement.

Agreement No.: 202–0114456–006.

Title: South Europe American

Conference.

Parties:

Cast Logistics (USA) Limited

Cho Yang Shipping Co., Ltd.

Compagnie Maritime d’Affretement

DSR Senator Lines GmbH

Evergreen Marine Corporation

(Taiwan) Ltd.

‘‘Italia’’ di Navigazione, S.p.A.

Lykes Bros. Steamship Co., Ltd.

A.P. Moller Maersk Line

Nedlloyd Lijnen B.V.

P&O Containers Limited

Sea-Land Service, Inc.

Zim Israel Navigation Company, Ltd.

Synopsis: The proposed amendment

modifies Article 14.1 and adds a new

Article 14.3 provision to service

contracts.

Agreement No.: 217–011486.

Title: NL/Tricon Agreement.

Parties:

Cho Yang Shipping Co., Ltd. (‘‘CYS’’)

DSR Senator Lines GmbH (‘‘DSL’’)

Nedlloyd Lijnen B.V. (‘‘Nedlloyd’’)

Synopsis: The proposed Agreement

authorizes CYS and DSL to charter

space to Nedlloyd in the trade between

Mediterranean ports in Spain, France,

and Italy and Arabian/Persian Gulf and

Red Sea ports (including the Arabian

Peninsula and Gulfs of Aden and Oman)

on the one hand; and U.S. Atlantic

Coast ports on the other hand.

Agreement No.: 224–200907.

Title: Port Authority of New York &

New Jersey/Neptune Orient Lines

Container Incentive Agreement.

Parties:

Port Authority of New York & New

Jersey (‘‘Port’’)

Neptune Orient Lines (‘‘NOL’’)

Synopsis: The Agreement provides for

the Port to pay NOL an incentive of

$15.00 for each import container and

$25.00 for each export container loaded

or unloaded from a vessel at the Port’s

marine terminals during calendar year

1995, provided each container is

shipped by rail to or from points more

than 260 miles from the Port.

Agreement No.: 224–200908.

Title: Port of New York & New Jersey/

Mediterranean Shipping Co., S.A.

Container Incentive Agreement.

Parties:

Port Authority of New York & New

Jersey (‘‘Port’’)

Mediterranean Shipping Co., S.A.

(‘‘MSC’’)

Synopsis: The Agreement provides for

the Port to pay MSC an incentive of

$15.00 for each import container and

$25.00 for each export container loaded

or unloaded from a vessel at the Port’s

marine terminals during calendar year

1995, provided each container is

shipped by rail to or from points more

than 260 miles from the Port.

Dated: January 11, 1995.

By Order of the Federal Maritime

Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 95–1149 Filed 1–17–95; 8:45 am]

BILLING CODE 6730–01–M

Port of Houston Authority;

Agreement(s) Filed

The Federal Maritime Commission

hereby gives notice that the following

agreement(s) has been filed with the