Jamteck International Shipping Inc., and Angella Barnett-Walker-Possible Violations of the Commission's Regulations at 46 CFR Part 515; Order of Investigation and Hearing, 50109-50110 [E7-17147]

Download as PDF Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Notices transmitter PEP will be multiplied with the antenna gain relative to a dipole or the equivalent calculation in decibels. Licensees using other antennas must maintain in their station records on either manufacturer data on the antenna gain or calculations of the antenna gain. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E7–17119 Filed 8–29–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. 07–09] rfrederick on PROD1PC67 with NOTICES Jamteck International Shipping Inc., and Angella Barnett-Walker—Possible Violations of the Commission’s Regulations at 46 CFR Part 515; Order of Investigation and Hearing Jamteck International Shipping Inc. (‘‘Jamteck’’) was incorporated in the State of New York on June 24, 2005, and is presently located at 4633 Richardson Avenue in Bronx, New York 10470. Since February 26, 2007, Jamteck has operated as an ocean transportation intermediary (‘‘OTI’’) pursuant to FMC License No. 020155N. According to a review of records maintained by the Commission’s Bureau of Certification and Licensing (‘‘BCL’’), the principals of the firm are identified as Angella Barnett-Walker, its President and Qualifying Individual, and Donald Barnett, its Vice President. Jamteck filed its Form FMC–18 with the Commission on March 27, 2006. In response to questions on the application regarding her employment history as Qualifying Individual, Ms. BarnettWalker claimed to have worked for two employers over a period of four (4) years from 2000 through 2004. It has come to the attention of the Commission that Ms. Barnett-Walker appears to have misrepresented her OTI experience on Jamteck’s license application. Information provided by representatives of both employers indicates that Ms. Barnett-Walker does not have three (3) years of OTI experience as required by the Commission’s regulations at 46 CFR 515.11(a). In addition to a lack of the requisite OTI experience of three (3) years, it appears that, in applying for its OTI license, Jamteck and Ms. BarnettWalker made materially false or misleading statements to the Commission with regard to Ms. BarnettWalker’s previous OTI experience and subsequently failed to correct such omissions. VerDate Aug<31>2005 14:38 Aug 29, 2007 Jkt 211001 Section 19 of the Shipping Act of 1984 (‘‘1984 Act’’), 46 U.S.C. 40901(a), provides that any person in the United States acting as an OTI 1 must hold a license issued by the Commission. The Commission’s regulations at 46 CFR 515.11(a) state that, to be eligible for a license, an applicant must demonstrate that ‘‘[i]t possesses the necessary experience, that is, its qualifying individual has a minimum of three (3) years experience in ocean transportation intermediary activities in the United States, and the necessary character to render ocean transportation intermediary services.’’ Section 19(c) of the 1984 Act, 46 U.S.C. 40903, further provides that the Commission: shall, after notice and hearing, suspend or revoke a license if it finds that the ocean transportation intermediary is not qualified to render intermediary services or that it willfully failed to comply with a provision of this Act or with a lawful order, rule, or regulation of the Commission. The Commission’s implementing regulations at 46 CFR Part 515 provide that a license may be revoked or suspended for any of the following reasons: (1) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing licensed; (4) Where the Commission determines that the licensee is not qualified to render intermediary services; or (5) Failure to honor the licensee’s financial obligations to the Commission. 46 CFR 515.16(a). These latter regulatory provisions largely iterate the obligation imposed by the statute that each applicant for a license must initially be qualified by ‘‘experience and character’’ in order to act as an ocean transportation intermediary, and must continuously maintain such qualifications of integrity, good character, technical OTI expertise and financial responsibility thereafter as a condition of license retention. Now therefore, it is ordered, that pursuant to sections 11 and 19 of the 1984 Act, 46 U.S.C. 41301(a)–41307 and 40901(a), an investigation is instituted to determine: (1) Whether Jamteck International Shipping Inc. and Angella Barnett1 According to section 3(17) of the 1984 Act, 46 U.S.C. 40102, an ocean transportation intermediary is defined as either a freight forwarder or a nonvessel-operating common carrier. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 50109 Walker violated the Commission’s regulations at 46 CFR Part 515 by submitting materially false or misleading information to the Commission on the OTI license application of Jamteck International Shipping Inc., and whether such licensee is qualified to render licensed OTI services; (2) whether the Ocean Transportation Intermediary license, No. 020155N, of Jamteck International Shipping Inc. should be suspended or revoked pursuant to section 19 of the 1984 Act; and (3) whether, in the event violations are found, appropriate cease and desist orders should be issued against Jamteck International Shipping Inc. and Angella Barnett-Walker. 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 Jamteck International Shipping Inc. and Angella Barnett-Walker 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 E:\FR\FM\30AUN1.SGM 30AUN1 50110 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Notices 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 August 25, 2008, and the final decision of the Commission shall be issued by December 22, 2008. By the Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E7–17147 Filed 8–29–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM rfrederick on PROD1PC67 with NOTICES 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 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 September 13, 2007. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: 1. Cross Family Control Group, Eureka Springs, Arkansas, the control group consists of John Fuller Cross, Jr., Charles Taff Cross, Marie Johnice Cross, and Bobbie Sue Cross Foster all of Eureka Springs Arkansas. to acquire Eureka Bancshares, Inc., Eureka Springs, Arkansas, and thereby indirectly acquire voting shares of Bank of Eureka Springs, Eureka Springs, Arkansas. VerDate Aug<31>2005 14:38 Aug 29, 2007 Jkt 211001 Board of Governors of the Federal Reserve System, August 24, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–17141 Filed 8–29–07; 8:45 am] Board of Governors of the Federal Reserve System, August 27, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–17190 Filed 8–29–07; 8:45 am] BILLING CODE 6210–01–S BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies Formations of, Acquisitions by, and Mergers of Bank Holding Companies The notificants listed below have applied under the Change in Bank 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 September 14, 2007. A. Federal Reserve Bank of Atlanta (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. Leandre Joseph Folse; Bonnie Jane Folse; Mark Phillip Folse; Carrie Jane Folse; Todd John Folse; and the L.J. Folse Family Voting Trust, Leandre Joseph Folse, Bonnie Jane Folse, and Mark Phillip Folse, trustees, all of Houma, Louisiana; to collectively acquire voting shares of Coastal Commerce Bancshares, and thereby indirectly acquire voting shares of Coastal Commerce Bank, both of Houma, Louisiana. B. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Asbury Trust No. 1–S; Asbury Trust No. 2–B; Asbury Trust No. 3–A; Asbury Trust No. 4–T; W. Andrew Sandford, as trustee; and Blake and Carole Sandford, together, acting in concert; to acquire additional voting shares of Chisholm Bancshares, Inc., and thereby indirectly acquire additional voting shares of North Texas Bank, N.A., all of Decatur, Texas. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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 September 24, 2007. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: 1. First Banks, Inc,. Hazelwood, Missouri and The San Francisco Company, Clayton, Missouri; to acquire 100 percent of Coast Financial Holding, Inc., Bradenton, Florida, and thereby indirectly acquire Coast Bank of Florida, Bradenton, Florida. In addition, First Banks, Inc, and The San Francisco Company, Clayton, Missouri, also have applied to acquire up to 19.9 percent of E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Notices]
[Pages 50109-50110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17147]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-09]


Jamteck International Shipping Inc., and Angella Barnett-Walker--
Possible Violations of the Commission's Regulations at 46 CFR Part 515; 
Order of Investigation and Hearing

    Jamteck International Shipping Inc. (``Jamteck'') was incorporated 
in the State of New York on June 24, 2005, and is presently located at 
4633 Richardson Avenue in Bronx, New York 10470. Since February 26, 
2007, Jamteck has operated as an ocean transportation intermediary 
(``OTI'') pursuant to FMC License No. 020155N. According to a review of 
records maintained by the Commission's Bureau of Certification and 
Licensing (``BCL''), the principals of the firm are identified as 
Angella Barnett-Walker, its President and Qualifying Individual, and 
Donald Barnett, its Vice President.
    Jamteck filed its Form FMC-18 with the Commission on March 27, 
2006. In response to questions on the application regarding her 
employment history as Qualifying Individual, Ms. Barnett-Walker claimed 
to have worked for two employers over a period of four (4) years from 
2000 through 2004.
    It has come to the attention of the Commission that Ms. Barnett-
Walker appears to have misrepresented her OTI experience on Jamteck's 
license application. Information provided by representatives of both 
employers indicates that Ms. Barnett-Walker does not have three (3) 
years of OTI experience as required by the Commission's regulations at 
46 CFR 515.11(a). In addition to a lack of the requisite OTI experience 
of three (3) years, it appears that, in applying for its OTI license, 
Jamteck and Ms. Barnett-Walker made materially false or misleading 
statements to the Commission with regard to Ms. Barnett-Walker's 
previous OTI experience and subsequently failed to correct such 
omissions.
    Section 19 of the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. 
40901(a), provides that any person in the United States acting as an 
OTI \1\ must hold a license issued by the Commission. The Commission's 
regulations at 46 CFR 515.11(a) state that, to be eligible for a 
license, an applicant must demonstrate that ``[i]t possesses the 
necessary experience, that is, its qualifying individual has a minimum 
of three (3) years experience in ocean transportation intermediary 
activities in the United States, and the necessary character to render 
ocean transportation intermediary services.''
---------------------------------------------------------------------------

    \1\ According to section 3(17) of the 1984 Act, 46 U.S.C. 40102, 
an ocean transportation intermediary is defined as either a freight 
forwarder or a non-vessel-operating common carrier.
---------------------------------------------------------------------------

    Section 19(c) of the 1984 Act, 46 U.S.C. 40903, further provides 
that the Commission:

shall, after notice and hearing, suspend or revoke a license if it 
finds that the ocean transportation intermediary is not qualified to 
render intermediary services or that it willfully failed to comply 
with a provision of this Act or with a lawful order, rule, or 
regulation of the Commission.

The Commission's implementing regulations at 46 CFR Part 515 provide 
that a license may be revoked or suspended for any of the following 
reasons:

    (1) Violation of any provision of the Act, or any other statute 
or Commission order or regulation related to carrying on the 
business of an ocean transportation intermediary;
    (2) Failure to respond to any lawful order or inquiry by the 
Commission;
    (3) Making a materially false or misleading statement to the 
Commission in connection with an application for a license or an 
amendment to an existing licensed;
    (4) Where the Commission determines that the licensee is not 
qualified to render intermediary services; or
    (5) Failure to honor the licensee's financial obligations to the 
Commission.

46 CFR 515.16(a). These latter regulatory provisions largely iterate 
the obligation imposed by the statute that each applicant for a license 
must initially be qualified by ``experience and character'' in order to 
act as an ocean transportation intermediary, and must continuously 
maintain such qualifications of integrity, good character, technical 
OTI expertise and financial responsibility thereafter as a condition of 
license retention.
    Now therefore, it is ordered, that pursuant to sections 11 and 19 
of the 1984 Act, 46 U.S.C. 41301(a)-41307 and 40901(a), an 
investigation is instituted to determine:
    (1) Whether Jamteck International Shipping Inc. and Angella 
Barnett-Walker violated the Commission's regulations at 46 CFR Part 515 
by submitting materially false or misleading information to the 
Commission on the OTI license application of Jamteck International 
Shipping Inc., and whether such licensee is qualified to render 
licensed OTI services;
    (2) whether the Ocean Transportation Intermediary license, No. 
020155N, of Jamteck International Shipping Inc. should be suspended or 
revoked pursuant to section 19 of the 1984 Act; and
    (3) whether, in the event violations are found, appropriate cease 
and desist orders should be issued against Jamteck International 
Shipping Inc. and Angella Barnett-Walker.
    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 Jamteck International Shipping Inc. and 
Angella Barnett-Walker 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

[[Page 50110]]

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 August 25, 2008, and 
the final decision of the Commission shall be issued by December 22, 
2008.

    By the Commission.
Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E7-17147 Filed 8-29-07; 8:45 am]
BILLING CODE 6730-01-P