Parks International Shipping, Inc., et al., Order of Investigation and Hearing, 56147-56149 [06-8196]
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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
The meeting will be held at
the Camino Real Hotel, 101 South El
Paso Street, El Paso, Texas 79901. The
meeting is open to the public, with
limited seating on a first-come, firstserved basis.
FOR FURTHER INFORMATION CONTACT:
Oscar Carrillo, Designated Federal
Officer, carrillo.oscar@epa.gov, 202–
233–0072, U.S. EPA, Office of
Cooperative Environmental
Management (1601E), 1200
Pennsylvania Avenue NW., Washington,
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SUPPLEMENTARY INFORMATION: Requests
to make oral comments or provide
written comments to the Committees
should be sent to Oscar Carrillo,
ADDRESSES:
Designated Federal Officer, at the
contact information above.
Meeting Access: For information on
access or services for individuals with
disabilities, please contact Oscar
Carrillo at 202–233–0072 or
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accommodation of a disability, please
contact Oscar Carrillo, preferably at
least 10 days prior to the meeting, to
give EPA as much time as possible to
process your request.
Dated: September 13, 2006.
Oscar Carrillo,
Designated Federal Officer.
[FR Doc. E6–15730 Filed 9–25–06; 8:45 am]
56147
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting, Open
Commission Meeting, Tuesday,
September 26, 2006
September 19, 2006.
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on Tuesday,
September 26, 2006, which is scheduled
to commence at in Room TW–C305, at
445 12th Street, SW., Washington, DC.
BILLING CODE 6560–50–P
Bureau
Subject
1
Wireless Tele-Communications .....................
2
Media ..............................................................
3
Wireline Competition ......................................
4
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Item
No.
Public Safety and Homeland Security ...........
Title: Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of
1993 (WT Docket No. 06–17) and Annual Report and Analysis of Competitive Market
Conditions with Respect to Commercial Mobile Services.
Summary: The Commission will consider an Eleventh Report concerning the annual report
on the competitive market conditions with respect to Commercial Mobile Radio Services
(CMRS).
Title: Children’s Television Obligations of Digital Television Broadcasters (MM Docket No.
00–167).
Summary: The Commission will consider a Second Order on Reconsideration and Second
Report and Order concerning children’s television obligations.
Title: Rural Health Care Support Mechanism (WC Docket No. 02–60).
Summary: The Commission will consider an Order concerning how the rural health care
funding mechanism can be used to enhance public and non-public health care providers’ access to advanced telecommunications and information services.
The Public Safety and Homeland Security Bureau will present a report regarding the
launch of the new Bureau.
Open captioning will be provided for
this event. Other reasonable
accommodations for people with
disabilities are available upon request.
Include a description of the
accommodation you will need including
as much detail as you can. Also include
a way we can contact you if we need
more information. Make your request as
early as possible; please allow at least 5
days advance notice. Last minute
requests will be accepted, but may be
impossible to fill. Send an e-mail to:
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
Additional information concerning
this meeting may be obtained from
Audrey Spivack or David Fiske, Office
of Media Relations, (202) 418–0500;
TTY 1–888–835–5322. Audio/Video
coverage of the meeting will be
broadcast live with open captioning
over the Internet from the FCC’s Audio/
Video Events Web page at https://
www.fcc.gov/realaudio.
For a fee this meeting can be viewed
live over George Mason University’s
Capitol Connection. The Capitol
Connection also will carry the meeting
VerDate Aug<31>2005
21:03 Sep 25, 2006
Jkt 208001
live via the Internet. To purchase these
services call (703) 993–3100 or go to
https://www.capitolconnection.gmu.edu.
Copies of materials adopted at this
meeting can be purchased from the
FCC’s duplicating contractor, Best Copy
and Printing, Inc. (202) 488–5300; Fax
(202) 488–5563; TTY (202) 488–5562.
These copies are available in paper
format and alternative media, including
large print/type; digital disk; and audio
and video tape. Best Copy and Printing,
Inc. may be reached by e-mail at
FCC@BCPIWEB.com.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06–8293 Filed 9–22–06; 1:14 pm]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
[Docket No. 06–09]
Parks International Shipping, Inc., et
al., Order of Investigation and Hearing
Parks International Shipping, Inc.
(‘‘Parks’’) was incorporated in the State
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
of New York on July 28, 1999, and is
presently located at 3008/3010
Eastchester Road, Bronx, New York
10469. Parks also has a second location
at 4755 White Plains Road, Bronx, NY
10470. Ainsley Lewis a.k.a. Jim Parks
(‘‘Ainsley Lewis’’) occupies the position
of President. Cargo Express
International Shipping, Inc. (‘‘Cargo
Express’’) is similarly located at 3010
Eastchester Road, Bronx, New York
10469 and was incorporated in New
York State on January 23, 2003. Based
upon available information, Ainsley
Lewis appears to be involved in the
operation of Cargo Express. Bronx
Barrels & Shipping Supplies Shipping
Center Inc. (‘‘Bronx Barrels’’) was
incorporated in the State of New York
on November 11, 2005. Its primary
location is at 4755A White Plains Road,
Bronx, New York 10470. Bronx Barrels
also has a second location at 3008
Eastchester Road, Bronx, New York,
10469. Based upon available
information, Ainsley Lewis also appears
to be involved in the operation of Bronx
Barrels. Parks, Cargo Express, and Bronx
Barrels appear to be ocean
transportation intermediaries (‘‘OTIs’’)
E:\FR\FM\26SEN1.SGM
26SEN1
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56148
Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
operating as unlicensed, unbonded, and
untariffed non-vessel-operating common
carriers (‘‘NVOCCs’’) primarily in the
trade between the United States and
various Caribbean, Central American,
and South American destinations.
Based on evidence available to the
Commission, it appears that Parks has
knowingly and willfully provided
transportation services as an NVOCC
with respect to shipments during 2001,
2002, 2004, and 2005 without obtaining
an OTI license from the Commission
and without providing proof of financial
responsibility. Moreover, it appears that
Parks knowingly and willfully operated
as a common carrier without publishing
a tariff showing all of its active rates and
charges. Cargo Express also appears to
have knowingly and willfully provided
transportation services as an NVOCC
without obtaining an OTI license from
the Commission and without providing
proof of financial responsibility with
respect to shipments commencing in
2004. It further appears that Cargo
Express knowingly and willfully
operated as a common carrier without
publishing a tariff showing all of its
active rates and charges. Bronx Barrels
likewise appears to be knowingly and
willfully holding itself out to provide
transportation services as an NVOCC
without obtaining an OTI license from
the Commission and without providing
proof of financial responsibility in the
form of a surety bond. Additionally,
Bronx Barrels appears to have been
knowingly and willfully operating as a
common carrier without publishing a
tariff showing all of its active rates and
charges. Finally, Ainsley Lewis,
individually and through Parks, Cargo
Express, and Bronx Barrels, appears to
have been providing OTI services in
2001, 2002, 2004, 2005, and 2006
without publishing a tariff, obtaining an
OTI license from the Commission, and
providing proof of financial
responsibility.
Section 19 of the Shipping Act of
1984 (1984 Act), 46 U.S.C. app. 1718,
prohibits any person from providing
OTI 1 services prior to being issued a
license from the Commission and
obtaining a valid bond, proof of
insurance, or other surety in a form and
amount determined by the Commission
to ensure financial responsibility. The
Commission’s regulations at 46 CFR
515.21 support this obligation by
requiring any person operating as an
OTI/NVOCC in the United States to
provide evidence of financial
1 According to section 3(17) of the 1984 Act, 46
U.S.C. app. 1702(17), an ocean transportation
intermediary is defined as either a freight forwarder
or a non-vessel-operating common carrier.
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21:03 Sep 25, 2006
Jkt 208001
responsibility in the amount of $75,000.
Furthermore, section 8(a) of the 1984
Act, 46 U.S.C. app. 1707(a), requires
NVOCCs to publish (open to public
inspection in an automated tariff
system) tariffs showing all their active
rates, charges, classifications, and
practices. The Commission’s regulations
at 46 CFR 520.3 affirm this statutory
requirement by directing each NVOCC
to notify the Commission, prior to
providing transportation services, as to
the location of its tariffs, as well as the
publisher used to maintain those tariffs
by filing a Form FMC–1. Pursuant to
section 13 of the 1984 Act, 46 U.S.C.
app. 1712, a party is subject to a civil
penalty of not more than $30,000 for
each violation knowingly and willfully
committed, and not more than $6,000
for other violations.2
Now therefore, it is ordered, that
pursuant to sections 8, 11, 13, and 19 of
the 1984 Act, 46 U.S.C. app. 1707, 1710,
1712, and 1718, an investigation is
instituted to determine:
(1) Whether Parks International
Shipping, Inc., Cargo Express
International Shipping, Inc., Bronx
Barrels & Shipping Supplies Shipping
Center, Inc., and/or Ainsley Lewis a.k.a.
Jim Parks violated section 8(a) of the
1984 Act and the Commission’s
regulations at 46 CFR part 520 by
operating as common carriers without
publishing tariffs showing all of their
active rates and charges;
(2) Whether Parks International
Shipping, Inc., Cargo Express
International Shipping, Inc., Bronx
Barrels & Shipping Supplies Shipping
Center Inc., and/or Ainsley Lewis a.k.a.
Jim Parks violated section 19 of the 1984
Act and the Commission’s regulations at
46 CFR part 515 by operating as nonvessel-operating common carriers in the
U.S. trades without obtaining licenses
from the Commission and without
providing proof of financial
responsibility;
(3) Whether, in the event violations of
sections 8(a) and 19 of the 1984 Act
and/or 46 CFR Parts 515 and 520 are
found, civil penalties should be
assessed against Parks International
Shipping, Inc., Cargo Express
International Shipping, Inc., Bronx
Barrels & Shipping Supplies Shipping
Center Inc., and/or Ainsley Lewis a.k.a.
Jim Parks and, if so, the amount of the
penalties to be assessed; and
(4) Whether, in the event violations
are found, appropriate cease and desist
orders should be issued against Parks
International Shipping, Inc., Cargo
2 This penalty amount reflects an adjustment for
inflation pursuant to the Commission’s regulations
at 46 CFR part 506.
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Frm 00049
Fmt 4703
Sfmt 4703
Express International Shipping, Inc.,
Bronx Barrels & Shipping Supplies
Shipping Center Inc., and/or Ainsley
Lewis a.k.a. Jim Parks.
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 Parks
International Shipping, Inc., Cargo
Express International Shipping, Inc.,
Bronx Barrels & Shipping Supplies
Shipping Center Inc., and Ainsley Lewis
a.k.a. Jim Parks are designated as
Respondents in this proceeding;
It is further ordered, that the
Commission’s Bureau of Enforcement is
designated a party to this proceeding;
It is further ordered, that notice of this
Order be published in the Federal
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, and/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
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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
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 September 19, 2007 and the
final decision of the Commission shall
be issued by January 17, 2008.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 06–8196 Filed 9–25–06; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL RESERVE SYSTEM
Agency Information Collection
Activities: Announcement of Board
Approval Under Delegated Authority
and Submission to OMB
Board of Governors of the
Federal Reserve System
SUMMARY: SUMMARY: Background.
Notice is hereby given of the final
approval of proposed information
collections by the Board of Governors of
the Federal Reserve System (Board)
under OMB delegated authority, as per
5 CFR 1320.16 (OMB Regulations on
Controlling Paperwork Burdens on the
Public). Board–approved collections of
information are incorporated into the
official OMB inventory of currently
approved collections of information.
Copies of the OMB 83–I’s and
supporting statements and approved
collection of information instrument(s)
are placed into OMB’s public docket
files. The Federal Reserve may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
FOR FURTHER INFORMATION CONTACT:
Federal Reserve Board Clearance Officer
–– Michelle Long–– Division of
Research and Statistics, Board of
Governors of the Federal Reserve
System, Washington, DC 20551 (202–
452–3829).
OMB Desk Officer –– Mark Menchik
–– Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Room 10235, Washington, DC 20503, or
email to mmenchik@omb.eop.gov.
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AGENCY:
Final Approval Under OMB Delegated
Authority to Conduct the Following
Survey:
Report title: 2007 Survey of Consumer
Finance
Agency form number: FR 3059
OMB control number: 7100–0287
VerDate Aug<31>2005
21:03 Sep 25, 2006
Jkt 208001
Frequency: One–time survey
Reporters: U.S. families
Annual reporting hours: 7,500 hours
Estimated average hours per response:
Pretest and Survey, 75 minutes each
Number of respondents: Pretest, 400
families; Survey 5,600 families
General description of report: This
information collection is voluntary. The
Federal Reserve’s statutory basis for
collecting this information is section
2A, 14, and 19 of the Federal Reserve
Act (12 U.S.C. 225(a), 353, and 461); the
Bank Merger Act (12 U.S.C. 1828(c));
and sections 3 and 4 of the Bank
Holding Company Act (12 U.S.C. 1842
and 1843). The names and other
characteristics that would permit
identification of respondents are
deemed confidential by the Board and
are exempt from disclosure pursuant to
exemption 6 in the Freedom of
Information Act (5 U.S.C. 552(b)(6)).
Abstract: For many years, the Board
has sponsored consumer surveys to
obtain information on the financial
behavior of households. The 2007
Survey of Consumer Finance (SCF) will
be the latest in a triennial series, which
began in 1983, that provides
comprehensive data for U.S. families on
the distribution of assets and debts,
along with related information and
other data items necessary for analyzing
financial behavior. These are the only
surveys conducted in the United States
that provide such financial data for a
representative sample of households.
Data for the SCF are collected by
interviewers using a computer program.
While some questions may be deleted
and others modified, only minimal
changes will be made to the
questionnaire in order to preserve the
time series properties of the data. The
pretest would be conducted later this
year and the survey would be conducted
between May 2007 and January 2008.
Current Actions: On July 11, 2006, the
Federal Reserve published a notice in
the Federal Register (71 FR 39118)
requesting public comment for 60 days
on the proposal to conduct the FR 3059.
The comment period for this notice
expired on September 11, 2006. No
comments were received.
56149
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 20,
2006.
A. Federal Reserve Bank of Atlanta
(Andre Anderson, Vice President) 1000
Peachtree Street, N.E., Atlanta, Georgia
30309:
1. United Community Banks, Inc.,
Blairsville, Georgia; to merge with
Southern Bancorp, Inc., Marietta,
Georgia, and thereby indirectly acquire
voting shares of Southern National
Bank, Marietta, Georgia.
Board of Governors of the Federal Reserve
System, September 20, 2006.
Jennifer J. Johnson
Secretary of the Board.
[FR Doc. E6–15695 Filed 9–25–06; 8:45 am]
Board of Governors of the Federal Reserve
System, September 21, 2006.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E6–15750 Filed 9–25–06; 8:45 am]
BILLING CODE 6210–01–S
BILLING CODE 6210–01–S
PO 00000
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Sfmt 4703
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26SEN1
Agencies
[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56147-56149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8196]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Docket No. 06-09]
Parks International Shipping, Inc., et al., Order of
Investigation and Hearing
Parks International Shipping, Inc. (``Parks'') was incorporated in
the State of New York on July 28, 1999, and is presently located at
3008/3010 Eastchester Road, Bronx, New York 10469. Parks also has a
second location at 4755 White Plains Road, Bronx, NY 10470. Ainsley
Lewis a.k.a. Jim Parks (``Ainsley Lewis'') occupies the position of
President. Cargo Express International Shipping, Inc. (``Cargo
Express'') is similarly located at 3010 Eastchester Road, Bronx, New
York 10469 and was incorporated in New York State on January 23, 2003.
Based upon available information, Ainsley Lewis appears to be involved
in the operation of Cargo Express. Bronx Barrels & Shipping Supplies
Shipping Center Inc. (``Bronx Barrels'') was incorporated in the State
of New York on November 11, 2005. Its primary location is at 4755A
White Plains Road, Bronx, New York 10470. Bronx Barrels also has a
second location at 3008 Eastchester Road, Bronx, New York, 10469. Based
upon available information, Ainsley Lewis also appears to be involved
in the operation of Bronx Barrels. Parks, Cargo Express, and Bronx
Barrels appear to be ocean transportation intermediaries (``OTIs'')
[[Page 56148]]
operating as unlicensed, unbonded, and untariffed non-vessel-operating
common carriers (``NVOCCs'') primarily in the trade between the United
States and various Caribbean, Central American, and South American
destinations.
Based on evidence available to the Commission, it appears that
Parks has knowingly and willfully provided transportation services as
an NVOCC with respect to shipments during 2001, 2002, 2004, and 2005
without obtaining an OTI license from the Commission and without
providing proof of financial responsibility. Moreover, it appears that
Parks knowingly and willfully operated as a common carrier without
publishing a tariff showing all of its active rates and charges. Cargo
Express also appears to have knowingly and willfully provided
transportation services as an NVOCC without obtaining an OTI license
from the Commission and without providing proof of financial
responsibility with respect to shipments commencing in 2004. It further
appears that Cargo Express knowingly and willfully operated as a common
carrier without publishing a tariff showing all of its active rates and
charges. Bronx Barrels likewise appears to be knowingly and willfully
holding itself out to provide transportation services as an NVOCC
without obtaining an OTI license from the Commission and without
providing proof of financial responsibility in the form of a surety
bond. Additionally, Bronx Barrels appears to have been knowingly and
willfully operating as a common carrier without publishing a tariff
showing all of its active rates and charges. Finally, Ainsley Lewis,
individually and through Parks, Cargo Express, and Bronx Barrels,
appears to have been providing OTI services in 2001, 2002, 2004, 2005,
and 2006 without publishing a tariff, obtaining an OTI license from the
Commission, and providing proof of financial responsibility.
Section 19 of the Shipping Act of 1984 (1984 Act), 46 U.S.C. app.
1718, prohibits any person from providing OTI \1\ services prior to
being issued a license from the Commission and obtaining a valid bond,
proof of insurance, or other surety in a form and amount determined by
the Commission to ensure financial responsibility. The Commission's
regulations at 46 CFR 515.21 support this obligation by requiring any
person operating as an OTI/NVOCC in the United States to provide
evidence of financial responsibility in the amount of $75,000.
Furthermore, section 8(a) of the 1984 Act, 46 U.S.C. app. 1707(a),
requires NVOCCs to publish (open to public inspection in an automated
tariff system) tariffs showing all their active rates, charges,
classifications, and practices. The Commission's regulations at 46 CFR
520.3 affirm this statutory requirement by directing each NVOCC to
notify the Commission, prior to providing transportation services, as
to the location of its tariffs, as well as the publisher used to
maintain those tariffs by filing a Form FMC-1. Pursuant to section 13
of the 1984 Act, 46 U.S.C. app. 1712, a party is subject to a civil
penalty of not more than $30,000 for each violation knowingly and
willfully committed, and not more than $6,000 for other violations.\2\
---------------------------------------------------------------------------
\1\ According to section 3(17) of the 1984 Act, 46 U.S.C. app.
1702(17), an ocean transportation intermediary is defined as either
a freight forwarder or a non-vessel-operating common carrier.
\2\ This penalty amount reflects an adjustment for inflation
pursuant to the Commission's regulations at 46 CFR part 506.
---------------------------------------------------------------------------
Now therefore, it is ordered, that pursuant to sections 8, 11, 13,
and 19 of the 1984 Act, 46 U.S.C. app. 1707, 1710, 1712, and 1718, an
investigation is instituted to determine:
(1) Whether Parks International Shipping, Inc., Cargo Express
International Shipping, Inc., Bronx Barrels & Shipping Supplies
Shipping Center, Inc., and/or Ainsley Lewis a.k.a. Jim Parks violated
section 8(a) of the 1984 Act and the Commission's regulations at 46 CFR
part 520 by operating as common carriers without publishing tariffs
showing all of their active rates and charges;
(2) Whether Parks International Shipping, Inc., Cargo Express
International Shipping, Inc., Bronx Barrels & Shipping Supplies
Shipping Center Inc., and/or Ainsley Lewis a.k.a. Jim Parks violated
section 19 of the 1984 Act and the Commission's regulations at 46 CFR
part 515 by operating as non-vessel-operating common carriers in the
U.S. trades without obtaining licenses from the Commission and without
providing proof of financial responsibility;
(3) Whether, in the event violations of sections 8(a) and 19 of the
1984 Act and/or 46 CFR Parts 515 and 520 are found, civil penalties
should be assessed against Parks International Shipping, Inc., Cargo
Express International Shipping, Inc., Bronx Barrels & Shipping Supplies
Shipping Center Inc., and/or Ainsley Lewis a.k.a. Jim Parks and, if so,
the amount of the penalties to be assessed; and
(4) Whether, in the event violations are found, appropriate cease
and desist orders should be issued against Parks International
Shipping, Inc., Cargo Express International Shipping, Inc., Bronx
Barrels & Shipping Supplies Shipping Center Inc., and/or Ainsley Lewis
a.k.a. Jim Parks.
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 Parks International Shipping, Inc.,
Cargo Express International Shipping, Inc., Bronx Barrels & Shipping
Supplies Shipping Center Inc., and Ainsley Lewis a.k.a. Jim Parks are
designated as Respondents in this proceeding;
It is further ordered, that the Commission's Bureau of Enforcement
is designated a party to this proceeding;
It is further ordered, that notice of this Order be published in
the Federal 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, and/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
[[Page 56149]]
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 September 19, 2007 and
the final decision of the Commission shall be issued by January 17,
2008.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 06-8196 Filed 9-25-06; 8:45 am]
BILLING CODE 6730-01-P