Revocation of Licenses for Failure To Comply With the Financial Responsibility Requirements of the Shipping Act of 1984; Order To Show Cause, 13596-13597 [E6-3789]

Download as PDF 13596 Federal Register / Vol. 71, No. 51 / Thursday, March 16, 2006 / Notices and the proposed approval decision. EPA will accept public comment on this notice and supplemental information as described in Section 1.B. above. The EPA will not make a determination of compliance before the 45-day comment period ends. At the end of the public comment period, EPA will evaluate all relevant public comment and revise the inspection report as necessary. The Agency will then issue an approval letter and the final inspection report, both of which will be posted on the WIPP Web site. The letter of approval will allow CCP to use the approved TRU waste characterization processes to characterize TRU waste at SRS. Information on the certification decision is filed in the official EPA Air Docket, Docket No. A–93–02 and is available for review in Washington, DC, and at the three EPA WIPP informational docket locations in New Mexico (as listed in ADDRESSES). The dockets in New Mexico contain only major items from the official Air Docket in Washington, DC, plus those documents added to the official Air Docket since the October 1992 enactment of the WIPP LWA. Dated: March 9, 2006. William L. Wehrum, Acting Assistant Administrator for Air and Radiation. [FR Doc. E6–3813 Filed 3–15–06; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION [Docket No. 06–04] wwhite on PROD1PC61 with NOTICES Revocation of Licenses for Failure To Comply With the Financial Responsibility Requirements of the Shipping Act of 1984; Order To Show Cause Since enactment of the Shipping Act of 1984 (‘‘1984 Act’’), 46 U.S.C. app. §§ 1701–1721, section 19 1 of the statute set forth the licensing and bonding requirements applicable to ocean freight forwarders, while section 23 of the 1984 Act established separate bonding requirements for non-vessel-operating common carriers (‘‘NVOCCs’’). Effective May 1, 1999, the 1984 Act was modified and updated by the passage of the Ocean Shipping Reform Act of 1998 (‘‘OSRA’’), Public Law 105–258, 112 Stat. 1902. OSRA delineated a new category of regulated the entities called an ocean transportation intermediary (‘‘OTI’’), defined to include both freight forwarders and NVOCCs. While continuing the statutory requirements of 1 46 U.S.C. app. 1718 (1984). VerDate Aug<31>2005 15:48 Mar 15, 2006 Jkt 208001 the 1984 Act that all OTIs submit a surety bond as proof of financial responsibility, a revised section 19 for the first time required that NVOCCs operating in the United States be licensed by the Federal Maritime Commission (‘‘Commission’’). Concurrent with the effective date of OSRA, the Commission prescribed new regulations at 46 CFR Part 515 (Licensing, Financial Responsibility Requirements, and General Duties for Ocean Transportation Intermediaries), implementing those revisions to the 1984 Act with respect to OTI licensing and financial responsibility (64 FR 11156, March 8, 1999). The Commission’s OTI regulations specify that each OTI must establish its financial responsibility by furnishing the Commission a surety bond, evidence of insurance or evidence of guaranty to provide coverage for damages, reparations or penalties arising from the OTI’s transportation-related activities. See 46 CFR 515.22. In the case of surety bonds, the regulations specify that such bonds must be issued by a surety company found acceptable by the Secretary of the Treasury. 46 CFR 515.22(a).2 By notice issued June 23, 2003, the Department of Treasury terminated the Certificate of Authority issued to American Motorists Insurance Company, which had qualified that company as an acceptable surety on Federal bonds. Under the Treasury program, bonds that are continuous in nature remain valid and effective for the purposes issued, but may no longer be renewed. Commencing with the anniversary date of such termination, OTIs holding surety bonds issued by American Motorists Insurance Company were obligated to replace their OTI bond with a valid bond issued by a surety company currently certified by Treasury. Contacts by Commission staff over an extended period have resulted in licensees voluntarily furnishing replacement evidence of financial responsibility with respect to all but 21 of the licensees previously covered by American Motorists Insurance Company bonds. In October and November 2005, the Commission contacted the licensees by phone and by formal letter, notifying each remaining licensee that continued failure to comply with bonding requirements placed them at risk of license revocation or other action to suspend such OTI’s right to continue 2 The Department of Treasury maintains an extensive list of approved surety bonding companies, known as Circular 570. Circular 570 is published on Treasury’s Web site at:https:// www.fms.treas.gov/c570/. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 operations in the U.S. trades. Following direct notice to the affected parties and an extended period to bring themselves into compliance, it appears that the 8 OTIs listed in the attached Schedule A no longer meet the requirements for demonstrating financial responsibility imposed by section 19 of the 1984 Act. Now therefore, it is ordered that pursuant to section 11 of the Shipping Act of 1984, 46 U.S.C. app. 1710, the entities listed in Schedule A to this Order are directed to show cause why the Commission should not revoke their licenses for failure to comply with section 19 of the Shipping Act of 1984, 46 U.S.C. app. 1718, as amended, and 46 CFR 515.22(a). It is further ordered that pursuant to section 11 of the Shipping Act of 1984, the entities listed in Schedule A to this Order are directed to show cause why the Commission should not order each of them to cease and desist from operating as an ocean transportation intermediary in the foreign trade of the United States, for failure to comply with section 19 of the Shipping Act of 1984, as amended, and 46 CFR Part 515; 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 CFR 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 the entities listed in Schedule A to this Order are named as 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 April 17, 2006; 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 Respondents no later than May 17, 2006; It is further ordered that rebuttal affidavits and memoranda of law shall be filed by Respondents and intervenors in support no later than June 1, 2006; It is further ordered that: (a) Should any party believe that an evidentiary hearing is required, that party must submit a request for such E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 71, No. 51 / Thursday, March 16, 2006 / Notices 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 May 17, 2006; 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 each respondent at its last known address; 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 CFR 502.118, and be 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 CFR 502.61, the final decision of the Commission in this proceeding shall be issued by October 31, 2006. By the Commission. Bryant L. VanBrakle, Secretary. Board of Governors of the Federal Reserve System, March 13, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6–3811 Filed 3–15–06; 8:45 am] SCHEDULE A.—LICENSEES IN THE UNITED STATES BILLING CODE 6210–01–S Organization No. Name 004278 ........... 008727 ........... 015494 ........... Cambell & Gardiner, Inc. Ken Lehat & Associates, Inc. Ocean Transportation Services, LLC. Interfreight, Inc. Caribbean American Shipping Corp. Ford International Forwarding, Inc. Independence Shipping Lines, Ltd. S & B International Freight Forwarders, Inc. 011405 ........... 016391 ........... 008751 ........... 016817 ........... 017387 ........... [FR Doc. E6–3789 Filed 3–15–06; 8:45 am] BILLING CODE 6730–01–P 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 VerDate Aug<31>2005 15:48 Mar 15, 2006 DEPARTMENT OF HEALTH AND HUMAN SERVICES National Toxicology Program (NTP), NTP Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM); Notice of Availability of a Revised List of Recommended Reference Substances for Validation of In Vitro Estrogen and Androgen Receptor Binding and Transcriptional Activation Assays: Request for Comments and Submission of In Vivo and In Vitro Data National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH). ACTION: Request for Comments and Submission of Data. AGENCY: FEDERAL RESERVE SYSTEM wwhite on PROD1PC61 with NOTICES 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 March 31, 2006. A. Federal Reserve Bank of Atlanta (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30303: 1. W.C. Martin, Jr.; Jean Wood Martin; Donald Wayne Sanders; Mary Martin Noland; Donald Martin Sanders; Rebecca Martin Sanders; William Matthew Sanders, all of Aliceville, Alabama; Alice Susan Martin, Chattanooga, Tennessee, Milton Barrett Noland, Carrollton, Alabama; and Karrie Noland Beasley, Tuscaloosa, Alabama, to retain voting shares of First National Bancshares of Central Alabama, Inc., and thereby indirectly retain voting shares of First National Bank of Central Alabama, both of Aliceville, Alabama. Jkt 208001 SUMMARY: The National Toxicology Program (NTP) Interagency Center for the Evaluation of Alternative PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 13597 Toxicological Methods (NICEATM) announces the availability of an addendum to the report entitled, ‘‘Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) Evaluation of In Vitro Test Methods for Detecting Potential Endocrine Disruptors: Estrogen Receptor and Androgen Receptor Binding and Transcriptional Activation Assays’’ [NIH Publication 03–4503]. The addendum describes the rationale for proposed revisions to the original list of recommended reference substances for validation of in vitro estrogen receptor (ER) and androgen receptor (AR) binding and transcriptional activation (TA) assays. The original list was made publicly available in June 2003 (Federal Register, Vol. 68, No. 106, pp. 33171–33172, June 3, 2003). NICEATM requests public comments on the substances proposed as substitutes for six of the 78 substances in the original list. Data are also requested from in vitro and in vivo studies evaluating the estrogenic and androgenic activity of the 78 substances in the revised list of reference substances. DATES: Comments and data submissions should be received by May 1, 2006. ADDRESSES: Correspondence should be sent by mail, fax, or e-mail to Dr. William S. Stokes, NICEATM Director, NIEHS, P. O. Box 12233, MD EC–17, Research Triangle Park, NC, 27709, (phone) 919–541–2384, (fax) 919–541– 0947, (e-mail) niceatm@niehs.nih.gov. SUPPLEMENTARY INFORMATION: Background In April 2000, the Environmental Protection Agency (EPA) asked ICCVAM to evaluate the validation status of in vitro ER and AR binding and TA assays that were proposed as possible components of the EPA Endocrine Disruptor Screening Program Tier 1 screening battery. ICCVAM agreed to evaluate these test methods based on their potential interagency applicability and public health significance. NICEATM, which administers and provides scientific support for ICCVAM, subsequently compiled available data and information on in vitro ER and AR binding and TA assays in four draft Background Review Documents (BRDs) (available at https:// iccvam.niehs.nih.gov/methods/ endocrine.htm). In collaboration with the ICCVAM Endocrine Disruptor Working Group, NICEATM organized an independent scientific evaluation of the validation status of the four types of in vitro endocrine disruptor screening test E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Pages 13596-13597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3789]


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FEDERAL MARITIME COMMISSION

[Docket No. 06-04]


Revocation of Licenses for Failure To Comply With the Financial 
Responsibility Requirements of the Shipping Act of 1984; Order To Show 
Cause

    Since enactment of the Shipping Act of 1984 (``1984 Act''), 46 
U.S.C. app. Sec. Sec.  1701-1721, section 19 \1\ of the statute set 
forth the licensing and bonding requirements applicable to ocean 
freight forwarders, while section 23 of the 1984 Act established 
separate bonding requirements for non-vessel-operating common carriers 
(``NVOCCs''). Effective May 1, 1999, the 1984 Act was modified and 
updated by the passage of the Ocean Shipping Reform Act of 1998 
(``OSRA''), Public Law 105-258, 112 Stat. 1902. OSRA delineated a new 
category of regulated the entities called an ocean transportation 
intermediary (``OTI''), defined to include both freight forwarders and 
NVOCCs. While continuing the statutory requirements of the 1984 Act 
that all OTIs submit a surety bond as proof of financial 
responsibility, a revised section 19 for the first time required that 
NVOCCs operating in the United States be licensed by the Federal 
Maritime Commission (``Commission'').
---------------------------------------------------------------------------

    \1\ 46 U.S.C. app. 1718 (1984).
---------------------------------------------------------------------------

    Concurrent with the effective date of OSRA, the Commission 
prescribed new regulations at 46 CFR Part 515 (Licensing, Financial 
Responsibility Requirements, and General Duties for Ocean 
Transportation Intermediaries), implementing those revisions to the 
1984 Act with respect to OTI licensing and financial responsibility (64 
FR 11156, March 8, 1999). The Commission's OTI regulations specify that 
each OTI must establish its financial responsibility by furnishing the 
Commission a surety bond, evidence of insurance or evidence of guaranty 
to provide coverage for damages, reparations or penalties arising from 
the OTI's transportation-related activities. See 46 CFR 515.22. In the 
case of surety bonds, the regulations specify that such bonds must be 
issued by a surety company found acceptable by the Secretary of the 
Treasury. 46 CFR 515.22(a).\2\
---------------------------------------------------------------------------

    \2\ The Department of Treasury maintains an extensive list of 
approved surety bonding companies, known as Circular 570. Circular 
570 is published on Treasury's Web site at:https://www.fms.treas.gov/
c570/.
---------------------------------------------------------------------------

    By notice issued June 23, 2003, the Department of Treasury 
terminated the Certificate of Authority issued to American Motorists 
Insurance Company, which had qualified that company as an acceptable 
surety on Federal bonds. Under the Treasury program, bonds that are 
continuous in nature remain valid and effective for the purposes 
issued, but may no longer be renewed. Commencing with the anniversary 
date of such termination, OTIs holding surety bonds issued by American 
Motorists Insurance Company were obligated to replace their OTI bond 
with a valid bond issued by a surety company currently certified by 
Treasury.
    Contacts by Commission staff over an extended period have resulted 
in licensees voluntarily furnishing replacement evidence of financial 
responsibility with respect to all but 21 of the licensees previously 
covered by American Motorists Insurance Company bonds. In October and 
November 2005, the Commission contacted the licensees by phone and by 
formal letter, notifying each remaining licensee that continued failure 
to comply with bonding requirements placed them at risk of license 
revocation or other action to suspend such OTI's right to continue 
operations in the U.S. trades. Following direct notice to the affected 
parties and an extended period to bring themselves into compliance, it 
appears that the 8 OTIs listed in the attached Schedule A no longer 
meet the requirements for demonstrating financial responsibility 
imposed by section 19 of the 1984 Act.
    Now therefore, it is ordered that pursuant to section 11 of the 
Shipping Act of 1984, 46 U.S.C. app. 1710, the entities listed in 
Schedule A to this Order are directed to show cause why the Commission 
should not revoke their licenses for failure to comply with section 19 
of the Shipping Act of 1984, 46 U.S.C. app. 1718, as amended, and 46 
CFR 515.22(a).
    It is further ordered that pursuant to section 11 of the Shipping 
Act of 1984, the entities listed in Schedule A to this Order are 
directed to show cause why the Commission should not order each of them 
to cease and desist from operating as an ocean transportation 
intermediary in the foreign trade of the United States, for failure to 
comply with section 19 of the Shipping Act of 1984, as amended, and 46 
CFR Part 515;
    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 CFR 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 the entities listed in Schedule A to 
this Order are named as 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 April 17, 2006;
    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 Respondents no later than May 17, 2006;
    It is further ordered that rebuttal affidavits and memoranda of law 
shall be filed by Respondents and intervenors in support no later than 
June 1, 2006;
    It is further ordered that:
    (a) Should any party believe that an evidentiary hearing is 
required, that party must submit a request for such

[[Page 13597]]

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 May 17, 2006;
    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 each respondent at its last known address;
    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 CFR 502.118, and 
be 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 CFR 502.61, the final 
decision of the Commission in this proceeding shall be issued by 
October 31, 2006.

    By the Commission.
Bryant L. VanBrakle,
Secretary.

               Schedule A.--Licensees in the United States
------------------------------------------------------------------------
             Organization No.                           Name
------------------------------------------------------------------------
004278....................................  Cambell & Gardiner, Inc.
008727....................................  Ken Lehat & Associates, Inc.
015494....................................  Ocean Transportation
                                             Services, LLC.
011405....................................  Interfreight, Inc.
016391....................................  Caribbean American Shipping
                                             Corp.
008751....................................  Ford International
                                             Forwarding, Inc.
016817....................................  Independence Shipping Lines,
                                             Ltd.
017387....................................  S & B International Freight
                                             Forwarders, Inc.
------------------------------------------------------------------------

 [FR Doc. E6-3789 Filed 3-15-06; 8:45 am]
BILLING CODE 6730-01-P