28494 Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Notices 

Transmodal Corporation, 48 South 

Franklin Turnpike, Suite 202, 

Ramsey, NJ 07446, Officer: Max Angel 

Kantzer, President (Qualifying 

Individual) 

Scrap Freight Inc., 801 S. Garfield Ave., 

#101, Alhambra, CA 91803, Officer: 

Stephen Leng, President (Qualifying 

Individual) 

Magic Transport, Inc., PR–2 KM 19.5 

Interior BO. Candelaria, Pepsi 

Industrial Park, TOA Baja PR 00949, 

Officers: Jorge Mangual, Asst. 

Secretary (Qualifying Individual) 

Carlos Padial, President 

Interlogistix, LLC, 5075 Paloma Street, 

Brighton, CO 80601, Officer: Brad 

Schmeh (Qualifying Individual) 

Guempel Lynnwood Corporation dba 

GalaxSea Freight Forwarding, 4828 

45th Pl., SW, Lynnwood, WA 98087, 

Officer: Terrina R. Guempel, President 

(Qualifying Individual) 

American Global Logistics LLC, 53 

Perimeter Center E., #450, Atlanta, GA 

30346, Officer: Otto J. Valdes, 

Managing Member (Qualifying 

Individual) 

Ocean Freight Forwarder—Ocean 

Transportation Intermediary 

Applicants 

Upakweship, Inc., 1629 Folly Rd., 

Charleston, SC 29412, Officer: Mark 

A. Nash, President (Qualifying 

Individual) 

Dated: June 11, 2009. 

Tanga S. FitzGibbon, 

Assistant Secretary. 

[FR Doc. E9–14161 Filed 6–15–09; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Reissuance 

Notice is hereby given that the 

following Ocean Transportation 

Intermediary license has been reissued 

by the Federal Maritime Commission 

pursuant to section 19 of the Shipping 

Act of 1984 (46 U.S.C. Chapter 409) and 

the regulations of the Commission 

pertaining to the licensing of Ocean 

Transportation Intermediaries, 46 CFR 

Part 515. 

License No. Name/address Date reissued 

019278N ............ Nelcon Cargo Corp., 7270 NW 35th Terrace, #102, Miami, FL 33122 ........................................................... March 29, 2009. 

Sandra L. Kusumoto, 

Director, Bureau of Certification and 

Licensing. 

[FR Doc. E9–14158 Filed 6–15–09; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License; Rescission of Order of 

Revocation 

Notice is hereby given that the Order 

revoking the following license is being 

rescinded by the Federal Maritime 

Commission pursuant to section 19 of 

the Shipping Act of 1984 (46 U.S.C. 

Chapter 409) and the regulations of the 

Commission pertaining to the licensing 

of Ocean Transportation Intermediaries, 

46 CFR part 515. 

License Number: 020700F. 

Name: Allen & Sally Associates, LLC 

dba USA Customs Brokers & Freight 

Forwarders. 

Address: 7094 Peachtree Industrial 

Blvd., Ste. 270–1, Norcross, GA 30071. 

Order Published: FR: 05/13/09 

(Volume 74, No. 91 Pg. 22551). 

Sandra L. Kusumoto, 

Director, Bureau of Certification and 

Licensing. 

[FR Doc. E9–14159 Filed 6–15–09; 8:45 am] 

BILLING CODE P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Revocation 

The Federal Maritime Commission 

hereby gives notice that the following 

Ocean Transportation Intermediary 

license has been revoked pursuant to 

section 19 of the Shipping Act of 1984 

(46 U.S.C. Chapter 409) and the 

regulations of the Commission 

pertaining to the licensing of Ocean 

Transportation Intermediaries, 46 CFR 

Part 515, effective on the corresponding 

date shown below: 

License Number: 020488N. 

Name: Cycle Logical Supply Chain 

Solutions, LLC. 

Address: 8014 Cumming Hwy., Ste 

403–362, Canton, GA 30115. 

Date Revoked: May 17, 2009. 

Reason: Failed to maintain a valid 

bond. 

Sandra L. Kusumoto, 

Director, Bureau of Certification and 

Licensing. 

[FR Doc. E9–14160 Filed 6–15–09; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL TRADE COMMISSION 

[File No. 082 3186] 

Kmart Corporation; 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 

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 July 9, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Kmart Corp., 

File No. 082 3186’’ 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 website, 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 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Notices 28495 

1 The 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). 

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: (http:// 

secure.commentworks.com/ftcKmartCorp) (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: 

(http://secure.commentworks.com/ftcKmartCorp). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at http://www.ftc.gov/ to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Kmart Corp., File 

No. 082 3186‘‘ 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-135 

(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 

delay due to heightened security 

precautions. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Davis, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW, Washington, D.C. 20580, (202) 326- 

2458. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for June 9, 2009), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/actions.shtm). A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130-H, 

600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a consent order from Kmart 

Corporation, a corporation 

(‘‘respondent’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for reception of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received 

and will decide whether it should 

withdraw from the agreement or make 

final the agreement’s proposed order. 

This matter involves Kmart’s 

marketing and sale of American Fare 

paper plates with shrink-wrap 

packaging that prominently states 

‘‘biodegradable’’ without qualification 

on the front of the wrapper. According 

to the FTC complaint, respondent 

represented that American Fare paper 

plates will completely break down and 

return to nature, i.e., decompose into 

elements found in nature, within a 

reasonably short period of time after 

customary disposal. The complaint 

alleges respondent’s biodegradable 

claim is false because a substantial 

majority of total household waste is 

disposed of either in landfills, 

incinerators, or recycling facilities and 

these customary disposal methods do 

not present conditions that would allow 

for the paper plates to completely break 

down and return to nature, i.e., 

decompose into elements found in 

nature, within a reasonably short period 

of time. The complaint further alleges 

that respondent failed to have 

substantiation for its biodegradable 

claim. The proposed consent order 

contains provisions designed to prevent 

respondent from engaging in similar 

acts and practices in the future. 

Part I.A of the proposed order 

prohibits respondent from making a 

representation that certain of its 

products are degradable unless the 

representation is true, not misleading, 

and substantiated by competent and 

reliable scientific evidence. Part I.B 

prohibits respondent from making any 

other environmental benefit claim about 

such products, unless at the time the 

representation is made, it is truthful and 

not misleading, and substantiated by 

competent and reliable evidence, which 

when appropriate must be competent 

and reliable scientific evidence. 

Parts II through V require respondent 

to keep copies of relevant 

advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to certain of their personnel; to 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

and to file compliance reports with the 

Commission and respond to other 

requests from FTC staff. Part VI provides 

that the order will terminate after 

twenty (20) years under certain 

circumstances. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

mstockstill on PROD1PC66 with NOTICES

28496 Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Notices 

1 The 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). 

the agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Donald S. Clark 

Secretary. 

[FR Doc. E9–14106 Filed 6–15–09: 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3188] 

Tender Corporation; 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 

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 July 9, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Tender 

Corp., File No. 082 3188’’ 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 website, 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: (http:// 

secure.commentworks.com/ftcTenderCorp) (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: 

(http://secure.commentworks.com/ftcTenderCorp). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at http://www.ftc.gov/ to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Tender Corp., File 

No. 082 3188‘‘ 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-135 

(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 

delay due to heightened security 

precautions. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Davis, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW, Washington, D.C. 20580, (202) 326- 

2458. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for June 9, 2009), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/actions.shtm). A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130-H, 

600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a consent order from Tender 

Corporation, a corporation 

(‘‘respondent’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for reception of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received 

and will decide whether it should 

withdraw from the agreement or make 

final the agreement’s proposed order. 

This matter involves Tender’s 

marketing and sale of Fresh Bath brand 

moist hand and body wipes, packaged 

in plastic that prominently states ‘‘biomstockstill on PROD1PC66 with NOTICES