EuroUSA Shipping, Inc., Tober Group, Inc., and Container Innovations, Inc.-Possible Violations of Section 10 of the Shipping Act of 1984 and the Commission's Regulations at 46 CFR 515.27; Order of Investigation and Hearing, 29964-29965 [E6-7874]

Download as PDF 29964 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Notices FEDERAL MARITIME COMMISSION [Docket No. 06–06] jlentini on PROD1PC65 with NOTICES EuroUSA Shipping, Inc., Tober Group, Inc., and Container Innovations, Inc.— Possible Violations of Section 10 of the Shipping Act of 1984 and the Commission’s Regulations at 46 CFR 515.27; Order of Investigation and Hearing Euroamerica Group, Inc. (‘‘Euroamerica’’) was incorporated in the State of Maryland on May 23, 1994. The President and Qualifying Individual (‘‘QI’’) of Euroamerica was Mr. Mark Nash. Euroamerica operated as a licensed non-vessel-operating common carrier (‘‘NVOCC’’) until December 2005 when it merged with Deliver USA, Inc. The surviving corporation, EuroUSA Shipping, Inc. (‘‘EuroUSA’’), continues to operate as a licensed and tariffed NVOCC. EuroUSA maintains an NVOCC bond in the amount of $75,000. The company’s principal place of business is located at 10610 Iron Bridge Road, Unit 6, Jessup, Maryland 20794. Mr. Nash continues to serve as the President and QI of EuroUSA. Based on evidence available to the Commission, it appears that between February 2004 and December 2005, EuroUSA knowingly and willfully accepted cargo from or transported cargo for the account of several ocean transportation intermediaries (‘‘OTIs’’) that did not have tariffs and bonds as required by sections 8 and 19 of the Shipping Act of 1984 (‘‘the Act’’) and the Commission’s regulations at 46 CFR 515.27. Tober Group, Inc. (‘‘Tober’’) was incorporated in the State of New York on March 1, 1996. The President and QI of Tober is Mr. Yonatan Benhaim. Tober received a license to operate as an ocean freight forwarder (‘‘OFF’’) on July 17, 1996. In 1999, Tober applied for and received a license to operate as an NVOCC. Tober is presently active as a licensed and tariffed NVOCC and OFF with a principal place of business at 185 Randolph Street, Brooklyn, New York 11237. Tober maintains an NVOCC bond in the amount of $75,000 and an OFF bond in the amount of $50,000. Tober publishes its electronic tariff at https://www.dpiusa.com. The single commodity covered by this tariff is ‘‘Cargo, N.O.S.’’ and the tariff has not been updated since its original issue on January 7, 2004. The tariff rate for Tober’s N.O.S. cargo is $500 per 1,000 kilograms or 1 cubic meter, whichever yields the higher amount. Based on evidence available to the Commission, it appears that between May 2004 and December 2005, Tober VerDate Aug<31>2005 17:08 May 23, 2006 Jkt 208001 knowingly and willfully accepted cargo from or transported cargo for the account of several OTIs that did not have tariffs and bonds as required by sections 8 and 19 of the Act and the Commission’s regulations at 46 CFR 515.27. Section 10(b)(2)(A) of the Act states that no common carrier may provide service in the liner trade that is not in accordance with the rates and charges contained in a published tariff. 46 App. U.S.C. 1709(b)(2)(A). It appears that from at least January 2004, Tober has provided liner service to its shippers that was not in accordance with the $500 Cargo, N.O.S. rate published in its electronic tariff. Container Innovations, Inc. (‘‘CI’’) was incorporated in the State of New Jersey on March 27, 1985 and is presently located at 123 Pennsylvania Avenue, Kearny, New Jersey 07032. The President and QI of CI is Mr. Angelo J. Carrera. CI has been a licensed NVOCC since September 1999 and maintains an NVOCC bond in the amount of $75,000. Based on evidence available to the Commission, it appears that between September 2004 and March 2006, CI knowingly and willfully accepted cargo from or transported cargo for the account of several OTIs that did not have tariffs and bonds as required by sections 8 and 19 of the Act and the Commission’s regulations at 46 CFR 515.27. Section 10(b)(11) of the Act, 46 App. U.S.C. 1709(b)(11), prohibits any common carrier from knowingly and willfully accepting cargo from or transporting cargo for the account of an OTI that does not have a tariff and a bond as required by sections 8 and 19 of the Act. The Commission’s regulations at 46 CFR 515.27 affirm this statutory requirement. Any OTI operating as an NVOCC in the United States must provide evidence of financial responsibility in the amount of $75,000. 46 CFR 515.21. Furthermore, section 8(a) of the Act, 46 App. U.S.C. 1707(a), requires NVOCCs to maintain open to public inspection in an automated tariff system, tariffs showing their rates, charges, classifications and practices. Information gathered thus far indicates each of the Respondents provided ocean transportation services to entities known to be operating as unlicensed NVOCCs. A person is subject to a civil penalty of not more than $30,000 for each violation knowingly and willfully committed. 46 CFR part 506. Now therefore, it is ordered, That pursuant to section 11(c) of the Shipping Act of 1984, 46 App. U.S.C. 1710(c), an investigation is instituted to determine: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 (1) Whether the Respondents violated section 10(b)(11) of the Shipping Act of 1984 and the Commission’s regulations at 46 CFR 515.27 by knowingly and willfully accepting cargo from or transporting cargo for the account of an OTI that did not have a tariff and a bond as required by sections 8 and 19 of the Act; (2) Whether Respondent Tober violated section 10(b)(2)(A) of the Act by providing service in the liner trade that was not in accordance with the rates and charges contained in a published tariff. (3) Whether, in the event one or more violations of section 10 of the Act and/ or 46 CFR 515.27 are found, civil penalties should be assessed and, if so, the amount of the penalties to be assessed; (4) Whether, in the event violations are found, appropriate cease and desist orders should be issued; and (5) Whether, in the event violations are found, such violations constitute grounds for the revocation of any Respondent’s OTI license pursuant to 46 CFR 515.16. It is further ordered, That a public hearing be held in this proceeding and that this matter be assigned for hearing before an Administrative Law Judge of the Commission’s Office of Administrative Law Judges at a date and place to be hereafter determined by the Administrative Law Judge in compliance with Rule 61 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall include oral testimony and crossexamination in the discretion of the presiding Administrative Law Judge only after consideration has been given by the parties and the presiding Administrative Law Judge to the use of alternative forms of dispute resolution, and upon a 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 matters in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record; It is further ordered, That the following corporate entities be designated as Respondents in this proceeding: EuroUSA Shipping, Inc., Tober Group, Inc., and Container Innovations, Inc.; It is further ordered, That the Commission’s Bureau of Enforcement be designated a party to this proceeding; It is further ordered, That notice of this Order be published in the Federal E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Notices Register, and a copy be served on the parties of record; It is further ordered, That other persons having an interest in participating in this proceeding may file petitions for leave to intervene in accordance with Rule 72 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.72; It is further ordered, That all further notices, orders, or decisions issued by or on behalf of the Commission in this proceeding, including notice of the time and place of hearing or prehearing conference, shall be served on parties of record; It is further ordered, That all documents submitted by any party of record in this proceeding shall be directed to the Secretary, Federal Maritime Commission, Washington, DC 20573, in accordance with Rule 118 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.118, and shall be served on parties of record; and It is further ordered, That in accordance with Rule 61 of the Commission’s Rules of Practice and Procedure, the initial decision of the Administrative Law Judge shall be issued by May 11, 2007 and the final decision of the Commission shall be issued by September 11, 2007. Bryant L. VanBrakle, Secretary. [FR Doc. E6–7874 Filed 5–23–06; 8:45 am] 29965 FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License; Reissuances Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984, (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. BILLING CODE 6730–01–P License No. Name/address Date reissued 004403NF .............. 004309F ................. 004657F ................. 006861N ................. ‘‘A’’ Pacific Express, Enterprises, 2145 N. Tyler Avenue, Suite B, South El Monte, CA 91733 ........... East West North South Forwarding, Inc., 3511 NW 113 Court, Miami, FL 33178 ................................ Ocean Transportation Services, LLC, 500 Union Street, Ste. 701, Seattle, WA 98101–2369 ............. Transconex Incorporated, dba Caribe Best Services, 450 Shattuck Ave South, Suite 401, Renton, WA 98055. Xima Freight Services, Inc., 8217 N.W. 66th Street, Miami, FL 33166 ................................................. November 6, 2005. March 29, 2006. April 13, 2006. February 18, 2006. 019271NF .............. Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6–7950 Filed 5–23–06; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION jlentini on PROD1PC65 with NOTICES Ocean Transportation Intermediary License; Revocations The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) 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: 000994F. Name: ACME International, Inc. Address: 5106 No. Cicero Avenue, Chicago, IL 60630. Date Revoked: April 28, 2006. Reason: Failed to maintain a valid bond. License Number: 014586N. Name: American Freight Liners Inc. Address: 525 Milltown Road, Suite 304, North Brunswick, NJ 08902. Date Revoked: April 7, 2006. Reason: Failed to maintain a valid bond. License Number: 014617N. Name: Asiana Transport Inc. VerDate Aug<31>2005 17:08 May 23, 2006 Jkt 208001 Address: 510 Plaza Drive, Suite 2275, Atlanta, GA 30349. Date Revoked: May 3, 2006. Reason: Failed to maintain a valid bond. License Number: 018915NF. Name: C & J International Forwarding, Inc. Address: 2659 West 76th Street, Hialeah, FL 33016. Date Revoked: May 2, 2006. Reason: Surrendered license voluntarily. License Number: 015150N. Name: Carjam Shipping, Inc. Address: 8524 NW 72nd Street, Miami, FL 33166. Date Revoked: April 23, 2006. Reason: Failed to maintain a valid bond. License Number: 018763N. Name: Dietrich-Exccel, LLC dba Dietrich-Logistics Florida. Address: 6701 NW 7th Street, Suite 135, Miami, FL 33126. Date Revoked: April 9, 2006. Reason: Failed to maintain a valid bond. License Number: 000810F. Name: Dominion International, Inc. Address: 121 West Tazewell Street, Norfolk, VA 23510. Date Revoked: April 20, 2006. Reason: Surrendered license voluntarily. License Number: 017778F. Name: ESI Freight (USA) Inc. Address: Cargo Bldg. 9, JFK Int’l Airport, Suite 250, 2nd Floor, Jamaica, NY 11430. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 April 1, 2006. Date Revoked: May 12, 2006. Reason: Surrendered license voluntarily. License Number: 016848N. Name: eKKa Forwarding, Inc. Address: 223 Bergen Turnpike, Bldg. 3, Ridgefield Park, NJ 07660. Date Revoked: April 29, 2006. Reason: Failed to maintain a valid bond. License Number: 004665F. Name: First Unicorn International, Inc. Address: 9080 Telstar Avenue, Suite 308, El Monte, CA 91731. Date Revoked: May 4, 2006. Reason: Failed to maintain a valid bond. License Number: 018286N. Name: Frederic Int’l Co., LLC. Address: 17973 Arenth Avenue, City of Industry, CA 91748. Date Revoked: May 7, 2006. Reason: Failed to maintain a valid bond. License Number: 018562N. Name: Global Tassili Transport Services, Inc. Address: 8206 Fairbanks No. Houston, Houston, TX 77064. Date Revoked: April 13, 2006. Reason: Failed to maintain a valid bond. License Number: 004268F. Name: J & S Universal Services, Inc. dba Patrick & Rosenfeld. Shipping Corp. Address: 12972 SW 133rd Court, Suite A, Miami, FL 33186. Date Revoked: April 12, 2006. E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Notices]
[Pages 29964-29965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7874]



[[Page 29964]]

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FEDERAL MARITIME COMMISSION

[Docket No. 06-06]


EuroUSA Shipping, Inc., Tober Group, Inc., and Container 
Innovations, Inc.--Possible Violations of Section 10 of the Shipping 
Act of 1984 and the Commission's Regulations at 46 CFR 515.27; Order of 
Investigation and Hearing

    Euroamerica Group, Inc. (``Euroamerica'') was incorporated in the 
State of Maryland on May 23, 1994. The President and Qualifying 
Individual (``QI'') of Euroamerica was Mr. Mark Nash. Euroamerica 
operated as a licensed non-vessel-operating common carrier (``NVOCC'') 
until December 2005 when it merged with Deliver USA, Inc. The surviving 
corporation, EuroUSA Shipping, Inc. (``EuroUSA''), continues to operate 
as a licensed and tariffed NVOCC. EuroUSA maintains an NVOCC bond in 
the amount of $75,000. The company's principal place of business is 
located at 10610 Iron Bridge Road, Unit 6, Jessup, Maryland 20794. Mr. 
Nash continues to serve as the President and QI of EuroUSA.
    Based on evidence available to the Commission, it appears that 
between February 2004 and December 2005, EuroUSA knowingly and 
willfully accepted cargo from or transported cargo for the account of 
several ocean transportation intermediaries (``OTIs'') that did not 
have tariffs and bonds as required by sections 8 and 19 of the Shipping 
Act of 1984 (``the Act'') and the Commission's regulations at 46 CFR 
515.27.
    Tober Group, Inc. (``Tober'') was incorporated in the State of New 
York on March 1, 1996. The President and QI of Tober is Mr. Yonatan 
Benhaim. Tober received a license to operate as an ocean freight 
forwarder (``OFF'') on July 17, 1996. In 1999, Tober applied for and 
received a license to operate as an NVOCC. Tober is presently active as 
a licensed and tariffed NVOCC and OFF with a principal place of 
business at 185 Randolph Street, Brooklyn, New York 11237. Tober 
maintains an NVOCC bond in the amount of $75,000 and an OFF bond in the 
amount of $50,000. Tober publishes its electronic tariff at https://
www.dpiusa.com. The single commodity covered by this tariff is ``Cargo, 
N.O.S.'' and the tariff has not been updated since its original issue 
on January 7, 2004. The tariff rate for Tober's N.O.S. cargo is $500 
per 1,000 kilograms or 1 cubic meter, whichever yields the higher 
amount.
    Based on evidence available to the Commission, it appears that 
between May 2004 and December 2005, Tober knowingly and willfully 
accepted cargo from or transported cargo for the account of several 
OTIs that did not have tariffs and bonds as required by sections 8 and 
19 of the Act and the Commission's regulations at 46 CFR 515.27. 
Section 10(b)(2)(A) of the Act states that no common carrier may 
provide service in the liner trade that is not in accordance with the 
rates and charges contained in a published tariff. 46 App. U.S.C. 
1709(b)(2)(A). It appears that from at least January 2004, Tober has 
provided liner service to its shippers that was not in accordance with 
the $500 Cargo, N.O.S. rate published in its electronic tariff.
    Container Innovations, Inc. (``CI'') was incorporated in the State 
of New Jersey on March 27, 1985 and is presently located at 123 
Pennsylvania Avenue, Kearny, New Jersey 07032. The President and QI of 
CI is Mr. Angelo J. Carrera. CI has been a licensed NVOCC since 
September 1999 and maintains an NVOCC bond in the amount of $75,000.
    Based on evidence available to the Commission, it appears that 
between September 2004 and March 2006, CI knowingly and willfully 
accepted cargo from or transported cargo for the account of several 
OTIs that did not have tariffs and bonds as required by sections 8 and 
19 of the Act and the Commission's regulations at 46 CFR 515.27.
    Section 10(b)(11) of the Act, 46 App. U.S.C. 1709(b)(11), prohibits 
any common carrier from knowingly and willfully accepting cargo from or 
transporting cargo for the account of an OTI that does not have a 
tariff and a bond as required by sections 8 and 19 of the Act. The 
Commission's regulations at 46 CFR 515.27 affirm this statutory 
requirement. Any OTI operating as an NVOCC in the United States must 
provide evidence of financial responsibility in the amount of $75,000. 
46 CFR 515.21. Furthermore, section 8(a) of the Act, 46 App. U.S.C. 
1707(a), requires NVOCCs to maintain open to public inspection in an 
automated tariff system, tariffs showing their rates, charges, 
classifications and practices. Information gathered thus far indicates 
each of the Respondents provided ocean transportation services to 
entities known to be operating as unlicensed NVOCCs. A person is 
subject to a civil penalty of not more than $30,000 for each violation 
knowingly and willfully committed. 46 CFR part 506.
    Now therefore, it is ordered, That pursuant to section 11(c) of the 
Shipping Act of 1984, 46 App. U.S.C. 1710(c), an investigation is 
instituted to determine:
    (1) Whether the Respondents violated section 10(b)(11) of the 
Shipping Act of 1984 and the Commission's regulations at 46 CFR 515.27 
by knowingly and willfully accepting cargo from or transporting cargo 
for the account of an OTI that did not have a tariff and a bond as 
required by sections 8 and 19 of the Act;
    (2) Whether Respondent Tober violated section 10(b)(2)(A) of the 
Act by providing service in the liner trade that was not in accordance 
with the rates and charges contained in a published tariff.
    (3) Whether, in the event one or more violations of section 10 of 
the Act and/or 46 CFR 515.27 are found, civil penalties should be 
assessed and, if so, the amount of the penalties to be assessed;
    (4) Whether, in the event violations are found, appropriate cease 
and desist orders should be issued; and
    (5) Whether, in the event violations are found, such violations 
constitute grounds for the revocation of any Respondent's OTI license 
pursuant to 46 CFR 515.16.
    It is further ordered, That a public hearing be held in this 
proceeding and that this matter be assigned for hearing before an 
Administrative Law Judge of the Commission's Office of Administrative 
Law Judges at a date and place to be hereafter determined by the 
Administrative Law Judge in compliance with Rule 61 of the Commission's 
Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall 
include oral testimony and cross-examination in the discretion of the 
presiding Administrative Law Judge only after consideration has been 
given by the parties and the presiding Administrative Law Judge to the 
use of alternative forms of dispute resolution, and upon a 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 matters in issue is such that 
an oral hearing and cross-examination are necessary for the development 
of an adequate record;
    It is further ordered, That the following corporate entities be 
designated as Respondents in this proceeding:
    EuroUSA Shipping, Inc., Tober Group, Inc., and Container 
Innovations, Inc.;
    It is further ordered, That the Commission's Bureau of Enforcement 
be designated a party to this proceeding;
    It is further ordered, That notice of this Order be published in 
the Federal

[[Page 29965]]

Register, and a copy be served on the parties of record;
    It is further ordered, That other persons having an interest in 
participating in this proceeding may file petitions for leave to 
intervene in accordance with Rule 72 of the Commission's Rules of 
Practice and Procedure, 46 CFR 502.72;
    It is further ordered, That all further notices, orders, or 
decisions issued by or on behalf of the Commission in this proceeding, 
including notice of the time and place of hearing or prehearing 
conference, shall be served on parties of record;
    It is further ordered, That all documents submitted by any party of 
record in this proceeding shall be directed to the Secretary, Federal 
Maritime Commission, Washington, DC 20573, in accordance with Rule 118 
of the Commission's Rules of Practice and Procedure, 46 CFR 502.118, 
and shall be served on parties of record; and
    It is further ordered, That in accordance with Rule 61 of the 
Commission's Rules of Practice and Procedure, the initial decision of 
the Administrative Law Judge shall be issued by May 11, 2007 and the 
final decision of the Commission shall be issued by September 11, 2007.

Bryant L. VanBrakle,
Secretary.
 [FR Doc. E6-7874 Filed 5-23-06; 8:45 am]
BILLING CODE 6730-01-P