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]
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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
