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]
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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]
=======================================================================
-----------------------------------------------------------------------
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
