Order of Investigation and Hearing; Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping Corp. and Julio Mateo-Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 and the Commission's Regulations at 46 CFR Parts 515 and 520, 43639-43641 [E7-15177]

Download as PDF Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices sroberts on PROD1PC70 with NOTICES Houston, Texas and 14023 South Post Oak Road, Houston, Texas. AIT is owned by Owen Anderson (‘‘Mr. Anderson’’). An assumed name certificate for Anderson International Transport, 4939 West Orem Drive, Houston, Texas was filed by Mr. Anderson on February 18, 2005, in Harris County, Texas. AIT is not incorporated. Based on evidence available to the Commission, it appears that Mr. Anderson and AIT have knowingly and willfully provided transportation services as a non-vessel operating common carrier (‘‘NVOCC’’) in the United States without obtaining an ocean transportation intermediary (‘‘OTI’’) license from the Commission, without providing proof of financial responsibility and without publishing a tariff showing its rates and charges. It appears that Mr. Anderson and AIT have originated a minimum of fifteen ocean export shipments during the period January 5, 2005 through October 19, 2006. Section 8(a) of the 1984 Act, 46 U.S.C. 40501, requires an NVOCC to maintain open to public inspection in an automated tariff system, tariffs showing its ‘‘rates, charges, classifications, rule, 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 of the location and publisher of its tariffs by filing Form FMC–1. Section 19 of the 1984 Act, 46 U.S.C. 40901 and 40902, prohibits any person from acting as an OTI 1 in the United States 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 mandate that the bond, proof of insurance, or other surety evidencing the financial responsibility of an OTI shall be in the amount of $50,000 for freight forwarders and $75,000 for NVOCCs. Furthermore, pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107, 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 Each shipment is a separate violation. 1. An ocean transportation intermediary is defined by section 3(17) of the 1984 Act, 46 U.S.C. 40102(17), as either a freight forwarder or a nonvessel-operating common carrier. 2. These penalty amounts reflect an adjustment for inflation pursuant to the Commission’s regulations at 46 CFR Part 506. VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 Now therefore, it is ordered, That pursuant to section 11(c) of the 1984 Act, 46 U.S.C. 41302, an investigation is instituted to determine: (1) Whether Owen Anderson and Anderson International Transport violated section 8 of the 1984 Act and the Commission’s regulations at 46 CFR Part 520 by operating as an NVOCC without publishing tariffs showing rates and charges; (2) whether Owen Anderson and Anderson International Transport violated sections 19(a) and (b) of the 1984 Act and the Commission’s regulations at 46 CFR Part 515 by operating as an OTI in the U.S. foreign trades without obtaining a license from the Commission and without providing proof of financial responsibility in the form of surety bonds; (3) whether, in the event one or more violations of the 1984 Act or the Commission’s regulations are found, civil penalties should be assessed 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 Owen Anderson and Anderson International Transport; 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 Owen Anderson and Anderson International Transport 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 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 43639 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 this Commission in this proceeding, include 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 March 21, 2008 and the final decision of the Commission shall be issued by July 21, 2008. By the Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E7–15176 Filed 8–3–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 07–07] Order of Investigation and Hearing; Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping Corp. and Julio Mateo—Possible Violations of Sections 8(a) and 19 of the Shipping Act of 1984 and the Commission’s Regulations at 46 CFR Parts 515 and 520 Embarque Puerto Plata, Corp. was incorporated in the State of New York on November 17, 1992, and subsequently dissolved by proclamation. Embarque Puerto Plata Inc. was incorporated in the State of New York on April 28, 2005. Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. (‘‘Embarque’’) listed its office address as 1426 Cromwell Avenue, Bronx, New York 10451. Recent indications, however, are that Embarque is currently operating at 381 E:\FR\FM\06AUN1.SGM 06AUN1 sroberts on PROD1PC70 with NOTICES 43640 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices East 169th Street, Bronx, New York 10456 by utilizing the different business names of Embarque Shipping and Embarque El Millon Corp. The principals of Embarque are Estebaldo Garcia and Hayda Garcia. Based on evidence available to the Commission, it appears that Embarque and Estebaldo Garcia have knowingly and willfully provided transportation services as a non-vessel operating common carrier (‘‘NVOCC’’) in the United States from at least May 2005 to the present without obtaining an ocean transportation intermediary (‘‘OTI’’) license from the Commission, without providing proof of financial responsibility, and without publishing a tariff showing its rates and charges. Ocean Sea Line,1 located at 146 West 170th Street, Bronx, New York 10452 was incorporated in New York on November 1, 2000 and dissolved by proclamation on June 30, 2004. Maritza Gil indicated in correspondence with the Commission that she is the president of Ocean Sea Line and owns 100% of the company stock. From at least September 2003 to the present, it appears Ocean Sea Line knowingly and willfully provided ocean transportation services as a freight forwarder with respect to numerous shipments without obtaining an OTI license from the Commission and without providing proof of financial responsibility. Since Ocean Sea Line is no longer a valid New York corporation, Ms. Gil appears to be operating Ocean Sea Line as a sole proprietorship. Mateo Shipping, Corp. (‘‘Mateo Shipping’’) was incorporated in the State of New York on July 12, 2004. The business office of Mateo Shipping is located at 1441 Ogden Avenue, Bronx, New York 10452. In correspondence with the Commission, Julio Mateo represented himself to be the President of Mateo Shipping, as well as owner of 50% of the capital stock. Based on evidence available to the Commission, it appears that Mateo Shipping and Julio Mateo have knowingly and willfully provided transportation services as an NVOCC from at least October, 2005 through the present without obtaining an OTI license, without providing proof of financial responsibility and without publishing a tariff showing its rates and charges. Section 8(a) of the 1984 Act, 46 U.S.C. 40501(a), requires an NVOCC to maintain open to public inspection in an automated tariff system, tariffs showing its ‘‘rates, charges, classifications, rules, and practices.’’ 1 The company is listed as Ocean SeaLine in New York State corporate records. VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 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, of the location and publisher of its tariffs by filing Form FMC–1. Furthermore, section 19(a) of the 1984 Act states that no person in the United States may act as an ocean transportation intermediary unless that person holds a license issued by the Commission. 46 U.S.C. 40901. Section 19(b)(1) of the 1984 Act further requires all persons acting as ocean transportation intermediaries to furnish a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. 46 U.S.C. 40902. The Commission’s regulations at 46 CFR 515.21 restate this obligation and mandate that the bond, proof of insurance, or other surety evidencing the financial responsibility of an OTI shall be in the amount of $50,000 for freight forwarders and $75,000 for NVOCCs. Pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107(a), 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 Each shipment is a separate violation. Now therefore, it is ordered, That pursuant to section 11(c) of the 1984 Act, 46 U.S.C. 41302(a), an investigation is instituted to determine: (1) Whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Mateo Shipping, and Julio Mateo violated section 8 of the Act and the Commission’s regulations at 46 CFR 520 by operating as NVOCCs without publishing tariffs showing their rates and charges; (2) whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo violated sections 19(a) and (b) of the 1984 Act and the Commission’s regulations at 46 CFR Part 515 by operating as OTIs in the United States trades without obtaining licenses from the Commission and without providing proof of financial responsibility; (3) whether, in the event one or more violations of the Act or the 2 These penalty amounts reflect an adjustment for inflation pursuant to the Commission’s regulations at 46 CFR part 506. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Commission’s regulations are found, civil penalties should be assessed 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 Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo; 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 Embarque Puerto Plata, Corp. and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping and Julio Mateo 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 this Commission in this proceeding, including notice of the time and place of hearing or prehearing conference, shall be served on the parties of record; E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices 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 July 30, 2008 and the final decision of the Commission shall be issued by December 1, 2008. By the Commission Bryant L. VanBrakle, Secretary. [FR Doc. E7–15177 Filed 8–3–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM sroberts on PROD1PC70 with NOTICES 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 VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 indicated or the offices of the Board of Governors not later than August 31, 2007. A. Federal Reserve Bank of Cleveland (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: 1. Hometown Bancshares, Inc. Middlebourne, West Virginia; to merge with First Community Bancorp, Inc., St. Marys, West Virginia, and thereby indirectly acquire First National Bank of St. Marys, St. Marys, West Virginia. In connection with this application, First National Bank of St Marys, Saint Marys, West Virginia, will merge with Union Bank, Inc., Middlebourne, West Virginia. B. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. Capitol Bancorp, Ltd., Lansing, Michigan and Capitol Bancorp Colorado Ltd. II, Fort Collins, Colorado; to acquire 51 percent of the voting shares of Loveland Bank of Commerce (in organization) Loveland, Colorado. 2. Capitol Bancorp, Ltd., Lansing, Michigan and Capitol Development Bancorp Limited V, Lansing Michigan; to acquire 51 percent of the voting shares of Bank of Feather River (in organization) Yuba City, California. 43641 [FMR Bulletin 2007–B4] C. Langfeld, Director, Regulations Management Division (MPR), General Services Administration, Washington, DC 20405; stanley.langfeld@gsa.gov, (202) 501–1737. Please cite FMR Bulletin 2007–B4. SUPPLEMENTARY INFORMATION: The FY 2006 FRPP Summary Report provides summary-level data on worldwide real property owned and leased by the Federal Government. The reported data is pulled from the FRPP inventory system, which is a centralized, comprehensive, and descriptive database of the Government’s real property portfolio, developed and managed by GSA in consultation with the Federal Real Property Council (FRPC). The FY 2006 report marks the second reporting year for the governmentwide data elements designated by the FRPC as required by Executive Order 13327. All executive branch agencies are required to submit constructed assetlevel data to the FRPP on an annual basis. The FRPP system was re-engineered in FY 2005 and further enhanced in FY 2006 to meet the FRPC’s information technology requirements. Agencies can use the FRPP applications to update portfolio information online and in real time, perform historical benchmarking, produce ad hoc reports, measure performance of real property assets, and identify unneeded and underutilized assets for disposal. The goals of the database are to: 1) improve decisionmaking with more accurate and reliable data; 2) provide the ability to benchmark Federal real property asset performance; and 3) centralize collection of key real property data elements into one Federal inventory database. Federal Management Regulation; Federal Real Property Profile Summary Report Dated: July 25, 2007. Kevin Messner, Acting Associate Administrator, Office of Governmentwide Policy. Board of Governors of the Federal Reserve System, August 1, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–15186 Filed 8–3–07; 8:45 am] BILLING CODE 6210–01–P GENERAL SERVICES ADMINISTRATION General Services Administration. ACTION: Notice. General Services Administration In furtherance of FMR Bulletin 2006–B4, this notice announces the Fiscal Year (FY) 2006 release of the new version of the Federal Real Property Profile (FRPP) Summary Report, which provides an overview of the U.S. Government’s owned and leased real property as of September 30, 2006. The FY 2006 FRPP Summary Report is now available. Real Property AGENCY: [FMR Bulletin 2007–B4] SUMMARY: EFFECTIVE DATE: August 6, 2007. For clarification of content, contact Stanley FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 To: Heads of Federal Agencies Subject: Federal Real Property Profile Summary Report 1. What is the purpose of this Bulletin? This Bulletin announces the FY 2006 release of the Federal Real Property Profile (FRPP) Summary Report, an overview of the U.S. Government’s owned and leased real property as of September 30, 2006. 2. What is the background? E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43639-43641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15177]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 07-07]


 Order of Investigation and Hearing; Embarque Puerto Plata, Corp. 
and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El 
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo 
Shipping Corp. and Julio Mateo--Possible Violations of Sections 8(a) 
and 19 of the Shipping Act of 1984 and the Commission's Regulations at 
46 CFR Parts 515 and 520

    Embarque Puerto Plata, Corp. was incorporated in the State of New 
York on November 17, 1992, and subsequently dissolved by proclamation. 
Embarque Puerto Plata Inc. was incorporated in the State of New York on 
April 28, 2005. Embarque Puerto Plata, Corp. and Embarque Puerto Plata 
Inc. (``Embarque'') listed its office address as 1426 Cromwell Avenue, 
Bronx, New York 10451. Recent indications, however, are that Embarque 
is currently operating at 381

[[Page 43640]]

East 169th Street, Bronx, New York 10456 by utilizing the different 
business names of Embarque Shipping and Embarque El Millon Corp. The 
principals of Embarque are Estebaldo Garcia and Hayda Garcia. Based on 
evidence available to the Commission, it appears that Embarque and 
Estebaldo Garcia have knowingly and willfully provided transportation 
services as a non-vessel operating common carrier (``NVOCC'') in the 
United States from at least May 2005 to the present without obtaining 
an ocean transportation intermediary (``OTI'') license from the 
Commission, without providing proof of financial responsibility, and 
without publishing a tariff showing its rates and charges.
    Ocean Sea Line,\1\ located at 146 West 170th Street, Bronx, New 
York 10452 was incorporated in New York on November 1, 2000 and 
dissolved by proclamation on June 30, 2004. Maritza Gil indicated in 
correspondence with the Commission that she is the president of Ocean 
Sea Line and owns 100% of the company stock. From at least September 
2003 to the present, it appears Ocean Sea Line knowingly and willfully 
provided ocean transportation services as a freight forwarder with 
respect to numerous shipments without obtaining an OTI license from the 
Commission and without providing proof of financial responsibility. 
Since Ocean Sea Line is no longer a valid New York corporation, Ms. Gil 
appears to be operating Ocean Sea Line as a sole proprietorship.
---------------------------------------------------------------------------

    \1\ The company is listed as Ocean SeaLine in New York State 
corporate records.
---------------------------------------------------------------------------

    Mateo Shipping, Corp. (``Mateo Shipping'') was incorporated in the 
State of New York on July 12, 2004. The business office of Mateo 
Shipping is located at 1441 Ogden Avenue, Bronx, New York 10452. In 
correspondence with the Commission, Julio Mateo represented himself to 
be the President of Mateo Shipping, as well as owner of 50% of the 
capital stock. Based on evidence available to the Commission, it 
appears that Mateo Shipping and Julio Mateo have knowingly and 
willfully provided transportation services as an NVOCC from at least 
October, 2005 through the present without obtaining an OTI license, 
without providing proof of financial responsibility and without 
publishing a tariff showing its rates and charges.
    Section 8(a) of the 1984 Act, 46 U.S.C. 40501(a), requires an NVOCC 
to maintain open to public inspection in an automated tariff system, 
tariffs showing its ``rates, charges, classifications, rules, 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, of the location and 
publisher of its tariffs by filing Form FMC-1.
    Furthermore, section 19(a) of the 1984 Act states that no person in 
the United States may act as an ocean transportation intermediary 
unless that person holds a license issued by the Commission. 46 U.S.C. 
40901. Section 19(b)(1) of the 1984 Act further requires all persons 
acting as ocean transportation intermediaries to furnish a bond, proof 
of insurance, or other surety in a form and amount determined by the 
Commission to insure financial responsibility. 46 U.S.C. 40902. The 
Commission's regulations at 46 CFR 515.21 restate this obligation and 
mandate that the bond, proof of insurance, or other surety evidencing 
the financial responsibility of an OTI shall be in the amount of 
$50,000 for freight forwarders and $75,000 for NVOCCs.
    Pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107(a), 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\ Each shipment is a separate violation.
---------------------------------------------------------------------------

    \2\ These penalty amounts reflect an adjustment for inflation 
pursuant to the Commission's regulations at 46 CFR part 506.
---------------------------------------------------------------------------

    Now therefore, it is ordered, That pursuant to section 11(c) of the 
1984 Act, 46 U.S.C. 41302(a), an investigation is instituted to 
determine:
    (1) Whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata 
Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo 
Garcia, Mateo Shipping, and Julio Mateo violated section 8 of the Act 
and the Commission's regulations at 46 CFR 520 by operating as NVOCCs 
without publishing tariffs showing their rates and charges;
    (2) whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata 
Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo 
Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo 
violated sections 19(a) and (b) of the 1984 Act and the Commission's 
regulations at 46 CFR Part 515 by operating as OTIs in the United 
States trades without obtaining licenses from the Commission and 
without providing proof of financial responsibility;
    (3) whether, in the event one or more violations of the Act or the 
Commission's regulations are found, civil penalties should be assessed 
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 Embarque Puerto Plata, Corp. 
and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El 
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo 
Shipping, and Julio Mateo;
    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 Embarque Puerto Plata, Corp. and 
Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El 
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo 
Shipping and Julio Mateo 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 this Commission in this proceeding, 
including notice of the time and place of hearing or prehearing 
conference, shall be served on the parties of record;

[[Page 43641]]

    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 July 30, 2008 and the 
final decision of the Commission shall be issued by December 1, 2008.

By the Commission
Bryant L. VanBrakle,
Secretary.
 [FR Doc. E7-15177 Filed 8-3-07; 8:45 am]
BILLING CODE 6730-01-P >