Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Notices 3033

Updating of Maximum Permitted Rates

for Regulated Cable Services as a filing

alternative to the FCC Form 1210 which

is filed quarterly. The Form 1240 like

the Form 1210, is filed by cable

operators seeking to adjust maximum

permitted rates for regulated services to

reflect changes in external costs. Cable

operators will submit the Form 1240 to

their respective local franchising

authorities upon certification to regulate

basic service tier rates and associated

equipment; or with the Commission (in

situations where the Commission has

assumed jurisdiction). The Form 1240

will also be filed with the Commission

when responding to a complied filed

with the Commission about cable

programming service rates and

assocated equipment.

OMB Control No.: 3060–0433.

Expiration Date: 1/31/99.

Title: Basic Signal Leakage.

Estimated Annual Burden: 640,000

total annual hours; average 20 hours per

respondent; 32,000 respondents.

Description: Cable television system

operators who use frequencies in the

bands 108–137 and 225–400 MHz

(aeronautical frequencies) are required

to file a cumulative signal leakage index

(CLI) derived under 47 CFR 76.611(a)(1)

or the results of airspace measurements

derived under 47 CFR 76.611(a)(2). This

yearly filing is done in accordance with

47 CFR 76.615 on FCC Form 320. The

data is used by FCC staff to ensure the

safe operation of aeronautical an marine

radio services and to monitor

compliance of cable aeronautical usage

which will minimize future interference

of these safety of life services.

OMB Control No.: 3060–0475.

Expiration Date: 12/31/98.

Title: Entry Criteria Sections 90.713.

Estimated Annual Burden: 842 total

annual hours; average 25.5 hours per

respondent; 33 respondents.

Description: Section 90.713 requires

applications for nationwide systems in

the 220–222 MHz bands to certify that

they have an actual presence

necessitating internal communications

capacity in the 70 or more markets

identified in the application. The data

will be used to determine the eligibility

of the applicant to hold a radio station

authorization. Commission licensing

personnel will use the data for rule

making proceedings and field engineers

will use the data for enforcement

purposes.

OMB Control No.: 3060–0684.

Expiration Date: 12/31/98.

Title: Amendment to the

Commission’s rules regarding a plan for

sharing the costs of microwave

relocation.

Estimated Annual Burden: 540 total

annual hours; average 15 minutes for

2,000 respondents to provide

information; and 40 hours for an

industry clearing house to be created an

operated; 2,000 respondents.

Description: The collection is

necessary to effectuate burden

reimbursement for PCS licenees that

incur expenses in relocating existing

microwave facilities. Information will

be used by PCS licensee to determine

reimbursement costs.

OMB Control No.: 3060–0516.

Expiration Date: 11/30/98.

Title: Revision of Radio Rules and

Policies, Time Brokerage Ruling.

Estimated Annual Burden: 40 total

annual hours; average 40 hours per

respondent; 1 respondents.

Description: This information

collection requires that parties that are

unable to verify that a time brokerage

agreement complies with the local

ownership rules file a request for ruling

with the Commission.

OMB Control No.: 3060–0223.

Expiration Date: 11/30/98.

Title: 90.129(b) Supplemental

information to be routinely submitted

with applications.

Estimated Annual Burden: 33 total

annual hours; average .33 hours per

respondent; 100 respondents.

Description: Section 90.129(b)

requires applicants using non typeaccpeted equipment to provide a

description of the equipment. This

information is used to evaluate the

interference potential of the proposed

operation.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–1603 Filed 1–29–96; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL MARITIME COMMISSION

[Docket No. 96–01]

Low Cost Shipping, Inc., International

Student Services, Eugene Rogoway

and Marie Arnold Order To Show

Cause

This proceeding is instituted pursuant

to sections 8, 11, 19 and 23 of the

Shipping Act of 1984 (‘‘1984 Act’’), 46

U.S.C. app. 1707, 1710, 1718 and 1721,

and the Federal Maritime Commission’s

(‘‘Commission’’) regulations governing

the tariffing and bonding of non-vesseloperating common carriers, 46 C.F.R.

part 514 and the licensing of ocean

freight forwarders, 46 C.F.R. part 510.

Low Cost Shipping, Inc. (‘‘Low Cost’’)

is a company incorporated under the

laws of the State of Washington. It is

managed and controlled by Eugene

Rogoway, General Manager of Low Cost

and his wife, Marie Arnold, President of

Low Cost. Low Cost also advertises

using the name ‘‘International Student

Services.’’

It appears that between June 1, 1994

and September 26, 1995, Low Cost held

itself out to the public as a provider and

forwarder of ocean transportation for

shipments of household goods, furniture

and personal effects in the foreign

commerce of the United States. For at

least thirteen shipments known to the

Commission, Low Cost collected ocean

freight from shippers. In six of these

thirteen shipments, Low Cost, in the

capacity of a shipper, contracted with

common carriers for the ocean

transportation.1 With respect to the

remaining seven shipments, Low Cost

dispatched the shipments from the

United States by processing the

documentation and booking the cargo.2

Carrier 1 Bill of lading No. Date Destination

Keymost International Inc .................................................................. KM 6916 ....................................................... 7/16/94 Antwerp.

Yang Ming Line .................................................................................. YMLUDENKARW0002R .............................. 8/28/94 Pakistan.

Shipco Transport Inc ......................................................................... SIT1294N3102 ............................................. 1/07/95 Sittard.

Italia Line ........................................................................................... ITAUPO502663 ............................................ 4/14/95 South Africa.

Shipco Transport Inc ......................................................................... KAM0495N0907 ........................................... 4/21/95 Kampala.

Shipco Transport Inc ......................................................................... BRE0495N6201 ........................................... 5/08/95 Bremen.

Carrier 2 Bill of lading No. Date Destination

Nantai Line Co., Ltd ........................................................................... NTLU SEAPTE0061 ..................................... 1/31/95 South Africa.

Shipco Transport Inc ......................................................................... MEL0495N1101 ........................................... 4/07/95 Melbourne.
3034 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Notices

Carrier 2 Bill of lading No. Date Destination

Shipco Transport Inc ......................................................................... KAO0495N1102 ........................................... 4/10/95 Kaohsiung.

Shipco Transport Inc ......................................................................... HAM0495N0903 ........................................... 4/18/95 Hamburg.

Shipco Transport Inc ......................................................................... FRA0495N0901 ............................................ 4/18/95 Frankfurt.

Shipco Transport Inc ......................................................................... ZUR0495N0905 ........................................... 4/19/95 Zurich.

Shipco Transport Inc ......................................................................... LSN0495N0908 ............................................ 4/23/95 London.

Section 8(a) of the 1984 Act, 46 U.S.C.

app. 1707(a), provides that no common

carrier may provide service in the

United States foreign trades unless the

carrier first has filed a tariff with the

Commission showing all of its rates,

charges and practices. Section 23(a) of

the 1984 Act, 46 U.S.C. app. 1721(a),

further provides that each non-vesseloperating common carrier must furnish

to the Commission a bond, proof of

insurance or other surety, inter alia, to

insure the financial responsibility of the

carrier to pay any judgment for damages

arising from its transportation-related

activities. According to the records

maintained by the Commission’s Bureau

of Tariffs, Certification and Licensing,

no tariff or bond has been filed with the

Commission in the name of Low Cost,

International Student Services, Eugene

Rogoway or Marie Arnold. Therefore, it

would appear that Low Cost,

International Student Services, Eugene

Rogoway and Marie Arnold, by

providing and holding out to the public

to provide transportation by water of

cargo for compensation and by

contracting as a shipper in relation to a

common carrier for the carriage of cargo

of other persons, have acted as a nonvessel-operating common carrier

without a tariff or bond on file with the

Commission, in violation of sections

8(a) and 23(a) of the 1984 Act.

Section 19(a) of the 1984 Act, 46

U.S.C. app. 1718(a), provides that no

person may act as an ocean freight

forwarder unless that person has

obtained a license from the Federal

Maritime Commission. Section 3(19) of

the 1984 Act, 46 U.S.C. app. 1702(19),

defines an ocean freight forwarder as a

person in the United States that

dispatches shipments from the United

States to a foreign country via common

carriers, books or otherwise arranges

space for such shipments on behalf of

shippers and processes the

documentation or performs related

activities incident to those shipments.

In order to obtain an ocean freight

forwarder license, a forwarder must

furnish to the Commission a bond to

insure the financial responsibility of the

forwarder, and the Commission must

determine that the forwarder is qualified

by experience and character to render

forwarding services. According to a

review of records maintained by the

Commission’s Bureau of Tariffs,

Certification and Licensing, no ocean

freight forwarder license has been

issued in the name of Low Cost,

International Student Services, Eugene

Rogoway or Marie Arnold. Therefore, it

would appear that Low Cost,

International Student Services, Eugene

Rogoway and Marie Arnold, by booking

cargo and processing documentation to

dispatch shipments from the United

States, have acted as an ocean freight

forwarder without a license issued by

the Commission, in violation of section

19(a) of the 1984 Act.

Now therefore, it is ordered That

pursuant to section 11 of the Shipping

Act of 1984, Low Cost Shipping Inc.,

International Student Services, Eugene

Rogoway and Marie Arnold show cause

why they should not be found to have

violated section 8(a) of the Shipping Act

of 1984 by acting as a non-vesseloperating common carrier in six (6)

instances, specified above, without a

tariff for such services on file with the

Commission;

It is further ordered That pursuant to

section 11 of the Shipping Act of 1984,

Low Cost Shipping Inc., International

Student Services, Eugene Rogoway and

Marie Arnold show cause why they

should not be found to have violated

section 23(a) of the Shipping Act of

1984 by acting as a non-vessel-operating

common carrier in six (6) instances,

specified above, without a bond for such

services on file with the Commission;

It is further ordered That pursuant to

section 11 of the Shipping Act of 1984,

Low Cost Shipping Inc., International

Student Services, Eugene Rogoway and

Marie Arnold show cause why they

should not be found to have violated

section 19(a) of the Shipping Act of

1984 by acting as an ocean freight

forwarder in seven (7) instances,

specified above, without an ocean

freight forwarder license issued by the

Commission;

It is further ordered That Low Cost

Shipping Inc., International Student

Services, Eugene Rogoway and Marie

Arnold show cause why an order should

not be issued directing them to cease

and desist from providing or holding

themselves out to provide transportation

as common carrier(s) and from obtaining

from any common carrier transportation

by water of cargo of any other person

between the United States and a foreign

country unless and until such time as

Low Cost Shipping, Inc., International

Student Services, Eugene Rogoway or

Marie Arnold shall have filed a tariff

and bond for such service with the

Commission;

It is further ordered That Low Cost

Shipping Inc., International Student

Services, Eugene Rogoway and Marie

Arnold show cause why an order should

not be issued directing them to cease

and desist from dispatching shipments

from the United States to a foreign

country via common carriers, booking or

otherwise arranging space for such

shipments and processing the

documentation or performing related

activities incident to those shipments

unless and until such time as Low Cost

Shipping, Inc., International Student

Services, Eugene Rogoway or Marie

Arnold shall have obtained an ocean

freight forwarder license from the

Commission.

It is further ordered That this

proceeding is limited to the submission

of affidavits of facts and memoranda of

law;

It is further ordered That any person

having an interest and desiring to

intervene in this proceeding shall file a

petition for leave to intervene in

accordance with Rule 72 of the

Commission’s Rules of Practice and

Procedure, 46 C.F.R. 502.72. Such

petition shall be accompanied by the

petitioner’s memorandum of law and

affidavits of fact, if any, and shall be

filed no later than the day fixed below;

It is further ordered That Low Cost

Shipping Inc., International Student

Services, Eugene Rogoway and Marie

Arnold are named Respondents in this

proceeding. Affidavits of fact and

memoranda of law shall be filed by

Respondents and any intervenors in

support of Respondents no later than

February 12, 1996;

It is further ordered That the

Commission’s Bureau of Enforcement be

made a party to this proceeding;

It is further ordered That reply

affidavits and memoranda of law shall

be filed by the Bureau of Enforcement

and any intervenors in opposition to

Respondent no later than March 4, 1996;

It is further ordered That rebuttal

affidavits and memoranda of law shall
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Notices 3035

be filed by Respondents and intervenors

in support no later than March 14, 1996;

It is further ordered That:

(a) Should any party believe that an

evidentiary hearing is required, that

party must submit a request for such

hearing together with a statement setting

forth in detail the facts to be proved, the

relevance of those facts to the issues in

this proceeding, a description of the

evidence which would be adduced, and

why such evidence cannot be submitted

by affidavit;

(b) Should any party believe that an

oral argument is required, that party

must submit a request specifying the

reasons therefore and why argument by

memorandum is inadequate to present

the party’s case; and

(c) Any request for evidentiary

hearing or oral argument shall be filed

no later than March 14, 1996;

It is further ordered That notice of this

Order to Show Cause be published in

the Federal Register, and that a copy

thereof be served upon Respondents;

It is further ordered That all

documents submitted by any party of

record in this proceeding shall be filed

in accordance with Rule 118 of the

Commission’s Rules of Practice and

Procedure, 46 C.F.R. 502.118, as well as

being mailed directly to all parties of

record;

Finally, it is ordered That pursuant to

the terms of Rule 61 of the

Commission’s Rules of Practice and

Procedure, 46 C.F.R. 502.61, the final

decision of the Commission in this

proceeding shall be issued by July 22,

1996.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 96–1628 Filed 1–29–96; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Agency Forms Under Review

Background

Notice is hereby given of the final

approval of proposed information

collection by the Board of Governors of

the Federal Reserve System (Board)

under OMB delegated authority, as per

5 C.F.R. 1320.16 (OMB Regulations on

Controlling Paperwork Burdens on the

Public). 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—Mary M. McLaughlin—

Division of Research and Statistics,

Board of Governors of the Federal

Reserve System, Washington, DC

20551 (202-452-3829)

OMB Desk Officer—Milo Sunderhauf—

Office of Information and Regulatory

Affairs, Office of Management and

Budget, New Executive Office

Building, Room 3208, Washington,

DC 20503 (202-395-7340)

Final approval under OMB delegated

authority of the extension, without

revision, of the following report:

1. Information collection title:

Recordkeeping and Disclosure

Requirements in Connection with

Regulation DD (Truth in Savings)

Agency form number: None

OMB Control number: 7100-0271

Frequency: Event-generated

Respondents: State member banks

Annual reporting hours: 1,447,225

Estimated average hours per response:

Complete account disclosures: 5

minutes; Subsequent change in terms

notice, Subsequent prematurity notice,

or Periodic statement: 1 minute; and

Advertising: 1 hour.

Number of respondents: 975

Small businesses are affected.

General description of report: This

information collection is mandatory (12

U.S.C. § 4308). No issue of

confidentiality under the Freedom of

Information Act normally arises.

Abstract: Regulation DD implements

the Truth in Savings Act (12 U.S.C. §

4301 et seq). The act and regulation

require depository institutions to

disclose information such as fees and

rates that apply to deposit accounts so

that consumers may more easily

compare deposit accounts offered by

depository institutions. Depository

institutions that provide periodic

statements are required to include

information about fees imposed, interest

earned, and the annual percentage yield

(APY) during those statement periods.

The substantive requirements of the act

and regulation mandate the methods by

which institutions determine the

balance on which interest is calculated.

Rules dealing with advertisements for

deposit accounts are also included in

the regulation. Model clauses and

sample forms are appended to the

regulation to provide guidance.

Depository institutions are required to

retain records as evidence of

compliance.

The Board’s Regulation DD applies to

all depository institutions, not just state

member banks. However, under

Paperwork Reduction Act regulations,

the Federal Reserve accounts for the

burden of the paperwork associated

with the regulation only for state

member banks. Other agencies account

for the Regulation DD paperwork

burden on their respective

constituencies.

This extension of authority under the

Paperwork Reduction Act has no

bearing on the pending rulemaking

related to the method of APY

calculation.

Board of Governors of the Federal Reserve

System, January 24, 1996.

William W. Wiles,

Secretary of the Board.

[FR Doc. 96–1649 Filed 1–29–96; 8:45 am]

BILLING CODE 6210–01–F

[Docket No. R–0914]

Federal Reserve Payment System Risk

Policy

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Policy statement.

SUMMARY: The Board has approved

modifications to its Fedwire third-party

access policy that establish additional

requirements applicable to third-party

access arrangements involving a service

provider located outside the United

States (‘‘foreign service provider’’). On

August 9, 1995, the Board approved

certain interim modifications to its

Fedwire third-party access policy to

clarify its applicability and to reduce

the administrative burden of several

provisions. At that time, the Board

indicated the Federal Reserve Banks

would not approve any new third-party

access arrangements involving a foreign

service provider, pending a review of

the supervisory issues associated with

such arrangements. The Board has

completed its assessment and has

modified its policy to address the

conditions under which the Federal

Reserve would consider approving

foreign service provider arrangements.

The revised policy is intended to ensure

that the Federal Reserve’s oversight of

Fedwire is not diminished or

inappropriately limited by the conduct

of activity outside the United States and

that the Federal Reserve’s supervisory

and examination objectives are met. In

addition, the policy provides important

safeguards to both depository

institutions participating in third-party

access arrangements and to the Reserve

Banks. Among other things, the policy

requires depository institutions to

impose prudent controls over Fedwire

funds transfers and Fedwire book-entry

securities transfers initiated, received,

or otherwise processed on their behalf

by a third-party service provider.

EFFECTIVE DATE: February 1, 1996.