23860 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). FCC 09–39 can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/trs.html. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–1475 (voice), 

(202) 418–0597 (TTY), or e-mail: 

Thomas.Chandler@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice FCC 09–39. Pursuant to 47 CFR 

1.415 and 1.419 of the Commission’s 

rules, interested parties may file 

comments and reply comments on or 

before the dates indicated in the DATES

section. The full text of FCC 09–39 and 

subsequently filed documents in this 

matter are available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. They may also 

be purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY-B402, 

Washington, DC 20554; the contractor’s 

Web site, http://www.bcpiweb.com; or 

by calling (800) 378–3160. FCC 09–39 

and subsequently filed documents in 

this matter may also be found by 

searching ECFS at http://www.fcc.gov/ 

cgb/ecfs (insert CG Docket No. 03–123 

into the Proceeding block). 

Synopsis 

On May 1, 2009, pursuant to 47 CFR 

64.604(c)(5)(iii)(H) of the Commission 

rules, NECA, the Interstate TRS Fund 

Administrator, submitted its annual 

proposed rates and fund size estimate 

for the Interstate TRS Fund for the 

period July 1, 2009, through June 30, 

2010. NECA proposes the following TRS 

per-minute compensation rates for the 

2009–2010 Fund year: $1.8311 for 

interstate traditional TRS; $2.9621 for 

interstate Speech-to-Speech (STS); 

$1.6778 for interstate captioned 

telephone service (CTS) and interstate 

and intrastate Internet Protocol (IP) 

captioned telephone service (IP CTS); 

and $1.2801 for interstate and intrastate 

IP Relay. For interstate and intrastate 

VRS, NECA proposes the following 

tiered rates: $6.7025 for the first 50,000 

monthly minutes, $6.4352 for monthly 

minutes between 50,001 and 500,000, 

and $6.2372 for minutes above 500,000. 

Based on these rates, NECA proposes 

a funding requirement of $890,992,075 

million and a carrier contribution factor 

of 0.01137. 

The Commission seeks comment on 

NECA’s proposed compensation rates 

for traditional TRS, STS, CTS and IP 

CTS, IP Relay, and VRS for the period 

of July 1, 2009, through June 30, 2010, 

as well as the proposed funding 

requirement and carrier contribution 

factor. 

Ordering Clause 

Pursuant to Sections 1, 4(i) and (o), 

225, 303(r), 403, 624(g), and 706 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (o), 

225, 303(r), 403, 554(g), and 606, the 

Public Notice is adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–11935 Filed 5–20–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than June 5, 

2009. 

A. Federal Reserve Bank of Kansas 

City (Todd Offenbacker, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. Relational Investors LLC; Relational 

Investors Mid Cap Fund I, L.P.; 

Relational Investors Mid Cap II, L.P.; 

Relational Group LLC; Relational 

Holdings LLC; Relational Investors 

Group LLC; Ralph V. Whitworth; and 

David H. Batchelder, all of San Diego, 

California; to acquire voting shares of 

Guaranty Bancorp, and thereby 

indirectly acquire voting shares of 

Guaranty Bank and Trust Company, 

both in Denver, Colorado. 

Board of Governors of the Federal Reserve 

System, May 18, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–11906 Filed 5–20–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL MARITIME COMMISSION 

[Docket No. 09–01] 

Mitsui O.S.K. Lines Ltd. v. Global Link 

Logistics, Inc., Olympus Partners, L.P., 

Olympus Growth Fund III, L.P., 

Olympus Executive Fund, L.P., Louis J. 

Mischianti, David Cardenas, Keith 

Heffernan, CJR World Enterprises, Inc. 

and Chad J. Rosenberg; Notice of 

Filing of Complaint and Assignment 

Notice is given that a complaint has 

been filed with the Federal Maritime 

Commission (‘‘Commission’’) by Mitsui 

O.S.K. Lines Ltd. (‘‘MOL’’), hereinafter 

‘‘Complainant.’’ Complainant asserts 

that it is a corporation organized and 

existing pursuant to the laws of Japan 

and is a vessel-operating common 

carrier in the U.S. foreign trades. 

Complainant alleges that Respondent 

Global Link Logistics, Inc. (‘‘Global 

Link’’) is a corporation organized under 

the laws of Delaware that operates as a 

licensed non-vessel-operating common 

carrier; that Respondents Olympus 

Growth Fund III, L.P. (‘‘OGF’’) and 

Olympus Executive Fund, L.P. (‘‘OEF’’) 

are Delaware limited partnerships that 

were owners of Global Link; that 

Respondent Olympus Partners L.P. 

(‘‘Olympus Partners’’) is a Delaware 

limited partnership that is a private 

equity firm affiliated with OGF and 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23861 

OEF; that Respondents Louis J. 

Mischianti, David Cardenas, and Keith 

Heffernan, are the partners in Olympus 

Partners, and were officers and directors 

of Global Link; that Respondent CJR 

World Enterprises, Inc. (‘‘CJR’’), is a 

Florida corporation that was an owner 

of Global Link; and that Respondent 

Chad Rosenberg is the owner of CJR and 

was an officer and director of Global 

Link. 

Complainant alleges that Respondents 

violated the Shipping Act of 1984, as 

amended (‘‘Shipping Act’’), by: (1) 

Engaging in a deliberate scheme to 

obtain ocean transportation of property 

at rates lower than the applicable 

service contract or tariff rates; and (2) 

failing to establish, observe and enforce 

just and reasonable practices relating to 

or connected with receiving, handling, 

and delivering property. 46 U.S.C. 

41102(a), (c). Complainant also asserts 

that Respondents violated the 

Commission’s regulations at 46 CFR 

515.31(e) which prohibits preparation or 

filing of false or fraudulent claims or 

false information relative to an Ocean 

Transportation Intermediary 

transaction. Complainant claims that, as 

a direct result of Respondents’ actions, 

Complainant suffered damages of no 

less than $4.5 million. 

Specifically, Complainant MOL 

asserts that it provided transportation to 

Global Link subject to MOL’s tariff 

rules; including rules related to the 

diversion of cargo, defined as a change 

in the original billed destination. 

Complainant maintains that its tariff 

rules require shippers to request 

diversion of cargo in writing and require 

payment of a diversion charge, as well 

as the difference in price between the 

original and new destination. 

Complainant alleges that Respondent 

Global Link booked cargo to false inland 

destinations while intending to deliver 

the cargo to different inland 

destinations, and diverted cargo without 

submitting a request to Complainant or 

paying Complainant the difference in 

rate and the applicable diversion 

changes. Complainant claims that 

Respondents referred to this practice as 

‘‘split routing,’’ ‘‘mis-booking,’’ and rerouting.’’ This practice, Complainant 

contends, resulted in lower rates paid to 

Complainant than the rates applicable to 

the actual destinations. 

Complainant requests that the 

Commission: (1) Require Respondents to 

answer the charges in this Complaint; 

(2) order Respondents to cease and 

desist from the violations of the 

Shipping Act; (3) establish and put in 

force such practices as the Commission 

determines lawful and reasonable; (3) 

order Respondents to pay to the 

Complainant reparations plus interests, 

costs and attorney’s fees, and any other 

damages to be determined; and (4) take 

any other action or provide any other 

relief as the Commission determines to 

be proper, fair and just under the 

circumstances. Complainant also 

requests that a hearing be held in 

Washington, DC. 

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 crossexamination 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 crossexamination 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 May 14, 2010, and the final 

decision of the Commission shall be 

issued by September 13, 2010. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–11755 Filed 5–20–09; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

CBRN Medical Countermeasures 

Workshop 2009 

AGENCY: Department of Health and 

Human Services, Assistant Secretary for 

Preparedness and Response. 

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 

Biomedical Advanced Development 

Authority (BARDA), Chemical 

Biological, Radiological & Nuclear 

(CBRN) Medical Countermeasures and 

Acquisitions Management Systems 

(AMS) will be holding a public 

workshop. The workshop is open to the 

public. 

DATES: The BARDA Divisions of CBRN 

and AMS will hold a public workshop 

on June 25 and 26, 2009 from 8:30 a.m. 

to 5 p.m. EDT daily. This agenda is 

subject to change as priorities dictate. 

ADDRESSES: Hyatt Regency Bethesda, 

One Bethesda Metro Center, Bethesda, 

MD 20814. Phone: 301–657–1234. 

FOR FURTHER INFORMATION, CONTACT: 

CBRN-Workshop@hhs.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Health and Human 

Services, Office of the Secretary, Office 

of the Assistant Secretary for 

Preparedness and Response, Biomedical 

Advanced Research and Development 

Authority, Division of Chemical, 

Biological, Radiological and Nuclear 

and the Division of Acquisitions 

Management Systems will host a 2-day 

Medical Countermeasures Workshop. 

The purpose of this two-day event is 

to engage industry and academic 

stakeholders in a discussion of how to 

engage and work with BARDA. 

Informational sessions include: 

• The strategic vision for CBRN MCM 

development. 

• The generation of MCM 

requirements. 

• Responding to a Request for 

Proposal (RFP) or Broad Agency 

Announcement (BAA). 

• The proposal review process. 

• Earned Value Management. 

• The FDA Animal Rule. 

This Workshop is open to the public. 

There is no fee to attend; however, 

seating is limited and registration is 

required. Online registration is available 

at http:// 

www.medicalcountermeasures.gov. 

Stakeholder Registration will be open 

from April 14–June 1, 2009. Federal 

Government Employee Registration will 

be open from June 2–12, 2009. 

Availability of Materials: The 

workshop agenda and other materials 

will be available on site on the 

workshop dates. 

Dated: May 6, 2009. 

RADM William C. Vanderwagen, 

Assistant Secretary for Preparedness and 

Response, U.S. Department of Health and 

Human Services. 

[FR Doc. E9–11948 Filed 5–20–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Submission to OMB, Comment 

Request; A Process Evaluation of the 

NIH Director’s New Innovator Award 

(NIA) Program 

SUMMARY: Under the provisions of 

Section 3507(a)(1)(D) of the Paperwork 

Reduction Act of 1995, the Office of the 


dwashington3 on PROD1PC60 with NOTICES