Revocation of Ocean Transportation Intermediary, License No. 016019N-Central Agency of Florida, Inc.; Order to Show Cause, 33093 [E8-13080]

Agencies

• Federal Maritime Commission

[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Notices]
[Page 33093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13080]


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FEDERAL MARITIME COMMISSION

[Docket No. 08-02]


Revocation of Ocean Transportation Intermediary, License No. 
016019N--Central Agency of Florida, Inc.; Order to Show Cause

    Respondent Central Agency of Florida, Inc. (``Central'') was 
incorporated in Florida in 1997 and, since 1999, has operated as an 
ocean transportation intermediary (``OTI'') pursuant to FMC License No. 
016019N. According to records maintained by the Commission's Bureau of 
Certification and Licensing (``BCL''), Central's office is located at 
7088 NW 50th Street, Miami, FL 33145.
    BCL records identify Patricio Quevedo as Central's President and 
sole shareholder. Mr. Quevedo is also identified as Central's 
Qualifying Individual (``QI''). On January 24, 2007, Mr. Quevedo filed 
an Officer/Director Resignation Form with the State of Florida 
resigning as an officer of Central.
    Commission regulations require an OTI continuously to employ an 
individual with ``a minimum of three years of experience in ocean 
transportation intermediary activities in the United States, and the 
necessary character to render ocean transportation intermediary 
services.'' 46 CFR 515.11(a).\1\ For a corporation, the QI must be an 
active corporate officer. 46 CFR 515.11(b). Further, when the QI of a 
corporation resigns as an officer of that corporation, section 515.18 
of the Commission's regulations requires the corporation to notify the 
Commission of the resignation and to designate a replacement QI within 
thirty days. 46 CFR 515.18.
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    \1\ The Commission's regulations pertaining to licensing and the 
responsibilities of OTIs are set forth at 46 CFR Part 515.
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    Central was licensed on the basis of the qualifications of Mr. 
Quevedo as QI. Mr. Quevedo, however, resigned as an officer of the 
corporation. Accordingly, without a QI, Central does not meet the 
requirements imposed by the Commission's regulations to continue as a 
licensed OTI. Central has been notified in writing of its noncompliance 
with the Commission's regulations, and has been advised explicitly of 
the consequences of failure to designate a replacement QI, including 
possible revocation of its license.
    Section 19(c) of the Shipping Act of 1984, as amended, 46 U.S.C. 
40903(a) authorizes the Commission, after notice and the opportunity 
for a hearing, to:

* * * suspend or revoke an ocean transportation intermediary's 
license if the Commission finds that the ocean transportation 
intermediary--

    (2) Willfully failed to comply with a provision of this part or 
with an order or regulation of the Commission.

    Now therefore, it is ordered that, pursuant to sections 11 and 
19(c) of the Shipping Act of 1984, 46 U.S.C. 41302, 40903(a)(2), 
Central Agency of Florida, Inc., is directed to show cause, within 30 
days of publication of this Order in the Federal Register, why the 
Commission should not revoke its license for failure to designate and 
maintain a QI, as required by sections 515.11 and 515.18 of the 
Commission's regulations, 46 CFR 515.11 and 515.18;
    It is further ordered that, pursuant to sections 11 and 19(c) of 
the Shipping Act of 1984, 46 U.S.C. 41302, 40903(a)(2), Central Agency 
is directed to show cause, within 30 days of publication of this Order 
in the Federal Register, why the Commission should not order it to 
cease and desist from operating as an ocean transportation intermediary 
in the foreign trade of the United States for failure to designate and 
maintain a QI, as required by sections 515.11 and 515.18 of the 
Commission's regulations, 46 CFR 515.11 and 515.18.
    It is further ordered that this proceeding is limited to the 
submission of affidavits of facts and memoranda of law;
    It is further ordered that any person having an interest and 
desiring to intervene in this proceeding shall file a petition for 
leave to intervene in accordance with Rule 72 of the Commission's Rules 
of Practice and Procedure, 46 CFR 502.72. Such petition shall be 
accompanied by the petitioner's memorandum of law and affidavits of 
fact, if any, and shall be filed no later than the day fixed below;
    It is further ordered that Central Agency is named as a Respondent 
in this proceeding. Affidavits of fact and memoranda of law shall be 
filed by Respondent and any intervenors in support of Respondent no 
later than July 11, 2008;
    It is further ordered that the Commission's Bureau of Enforcement 
be made a party to this proceeding;
    It is further ordered that reply affidavits and memoranda of law 
shall be filed by the Bureau of Enforcement and any intervenors in 
opposition to Respondent no later than August 11, 2008;
    It is further ordered that rebuttal affidavits and memoranda of law 
shall be filed by Respondent and intervenors in support no later than 
August 26, 2008;
    It is further ordered that:
    (a) Should any party believe that an evidentiary hearing is 
required, that party must submit a request for such hearing together 
with a statement setting forth in detail the facts to be proved, the 
relevance of those facts to the issues in this proceeding, a 
description of the evidence which would be adduced, and why such 
evidence cannot be submitted by affidavit;
    (b) Should any party believe that an oral argument is required, 
that party must submit a request specifying the reasons therefore and 
why argument by memorandum is inadequate to present the party's case; 
and
    (c) Any request for evidentiary hearing or oral argument shall be 
filed no later than August 11, 2008;
    It is further ordered that notice of this Order to Show Cause be 
published in the Federal Register, and that a copy thereof be served 
upon respondent at its last known address;
    It is further ordered that all documents submitted by any party of 
record in this proceeding shall be filed in accordance with Rule 118 of 
the Commission's Rules of Practice and Procedure, 46 CFR 502.118, as 
well as being mailed directly to all parties of record;
    Finally, it is ordered that pursuant to the terms of Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the final 
decision of the Commission in this proceeding shall be issued by 
December 24, 2008.

    By the Commission.
Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-13080 Filed 6-10-08; 8:45 am]
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