Justia Agencies And Commissions Federal Maritime Commission AMC USA, Inc. v. International First Service S.A. a/k/a IFS S.A, its Agents, Affiliated, Related and Partner Companies, and International First Service Argentina a/k/a AR-IFS, its Agents, Affiliated, Related and Partner Companies, and International First Service USA, Inc. a/k/a IFS USA, Inc. d/b/a Global Wine Logistics USA Inc. a/k/a GWL USA, Inc., and Global Wine Logistics USA Inc. a/k/a GWL USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH; Notice of Complaint and Assignment, 6397-6398 [2010-2818]

AMC USA, Inc. v. International First Service S.A. a/k/a IFS S.A, its Agents, Affiliated, Related and Partner Companies, and International First Service Argentina a/k/a AR-IFS, its Agents, Affiliated, Related and Partner Companies, and International First Service USA, Inc. a/k/a IFS USA, Inc. d/b/a Global Wine Logistics USA Inc. a/k/a GWL USA, Inc., and Global Wine Logistics USA Inc. a/k/a GWL USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH; Notice of Complaint and Assignment, 6397-6398 [2010-2818]

Download as PDF Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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 February 24, 2010. A. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Capital Z Partners III GP, LTD; Capital Z Partners III GP, L.P., both of George Town, Cayman Islands; Capital Z Partners Management, LLC, Dover, Delaware; Capital Z Partners III, L.P., George Town, Cayman Islands; and Bradley E. Cooper, and Robert A. Spass, both of New York, New York, as principals, to acquire at voting shares of Opportunity Bancshares, Inc., Bettendorf, Iowa, and thereby indirectly acquire voting shares of Opportunity Bank, N.A., Richardson, Texas. Board of Governors of the Federal Reserve System, February 4, 2010. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2010–2755 Filed 2–8–10; 8:45 am] BILLING CODE 6210–01–S FEDERAL MARITIME COMMISSION Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. Synopsis: The amendment deletes rate-discussion authority and revises the delegation of authority under the agreement. Agreement No.: 201205. Title: North American Maritime Services Cooperative Working Agreement. Parties: Ceres Terminals Incorporated; International Transportation Service, Inc.; Marinus Consulting, Inc.; and North American Maritime Services, LLC. Filing Party: Wayne R. Rohde, Esq.; Sher and Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. Synopsis: The agreement would authorize the parties to form and manage a joint venture limited liability company to provide stevedoring and other services for the loading and unloading of roll-on/roll-off and other cargoes at ports in the United States and in other countries. Dated: February 4, 2010. By Order of the Federal Maritime Commission. Karen V. Gregory, Secretary. [FR Doc. 2010–2820 Filed 2–8–10; 8:45 am] Cprice-sewell on DSK2BSOYB1PROD with NOTICES Notice of Agreements Filed BILLING CODE 6730–01–P The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission’s Web site (https:// www.fmc.gov) or by contacting the Office of Agreements at (202)–523–5793 or tradeanalysis@fmc.gov. Agreement No.: 011346–019. Title: Israel Trade Conference Agreement. Parties: A.P. Moller-Maersk A/S; Maersk Line Limited; and Zim Integrated Shipping Services, Ltd. Filing Party: Howard A. Levy, Esq.; Chairman; Israel Trade Conference; 80 Wall Street, Suite 1117; New York, NY 10005–3602. Synopsis: The amendment adds American President Lines, Ltd. as a party to the agreement. Agreement No.: 011443–005. Title: Space Charter and Cooperative Working Agreement Between NYK and WWL. Parties: Nippon Yusen Kaisha and Wallenius Wilhelmsen Lines AS. VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 FEDERAL MARITIME COMMISSION [Docket No. 10–01] AMC USA, Inc. v. International First Service S.A. a/k/a IFS S.A, its Agents, Affiliated, Related and Partner Companies, and International First Service Argentina a/k/a AR–IFS, its Agents, Affiliated, Related and Partner Companies, and International First Service USA, Inc. a/k/a IFS USA, Inc. d/ b/a Global Wine Logistics USA Inc. a/ k/a GWL USA, Inc., and Global Wine Logistics USA Inc. a/k/a GWL USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH; Notice of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by AMC USA, Inc. (‘‘AMC’’), hereinafter ‘‘Complainant,’’ against International First Service S.A. a/k/a IFS S.A (‘‘IFS S.A.’’); International First Service USA, Inc. a/k/a IFS USA, Inc. (‘‘IFS USA’’) d/ b/a/Global Wine Logistics USA Inc. a/k/ a GWL USA, Inc. (‘‘GWL USA’’); Global Wine Logistics USA Inc. a/k/a GWL USA, Inc. (‘‘GWL USA’’); Anita McNeil; International First Service Argentina a/ k/a AR–IFS (‘‘AR–IFS’’); and Ipsen PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 6397 Logistics GmbH (‘‘Ipsen’’) 1, hereinafter ‘‘Respondents’’. Complainant asserts that it is a licensed non-vessel operating common carrier incorporated in New Jersey and registered in New York. Complainant alleges that Respondent IFS S.A., is an unlicensed non-US-based ocean transportation intermediary/nonvessel operating common carrier. Complainant alleges that Respondents IFS USA and GWL USA, are incorporated in Delaware and are holding themselves out to the public as providers of transportation services, and have assumed responsibility for transportation. Complainant alleges that Respondent ANITA MCNEIL is the President of IFS USA and GWL USA and formerly Executive Vice President of Complainant, AMC. Respondent Ipsen is incorporated in Bremen, Germany and is a partner company to IFS S.A. Respondent AR–IFS., is affiliated with IFS USA and located in Buenos Aires, Argentina. Complainant asserts that Respondents violated the Shipping Act of 1984 by: (1) Failing to keep open to the public in an automated tariff system, tariffs showing all rates, charges, classifications, rules, and practices between all points and ports on its route and on any through transportation that has been established; (2) failing to file with the Commission the service contracts entered into with vessel operating common carriers; (3) engaging in a ‘‘willful and deliberate fraudulent scheme to steal customers, employees and proprietary information’’ from Complainant in order to gain an unfair business advantage and/or in order to provide ocean transportation for property for less than the rates and/ or charges that would otherwise have applied; (4) operating under agreements that were required to be filed under the Shipping Act that were not effective under Act; (5) working together to allow parties to obtain transportation for property at less than the rates or charges that would have applied by unjust and unfair means; (6) failing to establish, observe and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, and delivering property; and (7) knowingly and willfully accepting cargo for the account of an ocean transportation intermediary that does not have a tariff and a bond, insurance or other surety. 46 U.S.C. 40501(a), 40502(b)(1), 41102, 1 Respondent Ipsen was not included in the caption block of the complaint as filed, but was listed as a Respondent within the text of the complaint. As such, Respondent Ipsen has been added to the caption in this Notice. E:\FR\FM\09FEN1.SGM 09FEN1 6398 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices Cprice-sewell on DSK2BSOYB1PROD with NOTICES 41104(1) and 41104(11).2 Finally, complainant also alleges that Respondents ‘‘acted as ocean transportation intermediaries in the United States without a license’’ in violation of the Shipping Act and the Commission’s regulations. 46 U.S.C. 40901, and 46 CFR 515.3 and 520. Complainant asserts that as a direct result of Respondent’s violations of the Shipping Act, Complainant has had ‘‘injury involving customer relations, its reputation in the industry and has been forced to take legal action.’’ Complainant requests the Commission ‘‘deny FMC OTI licenses based upon unsuitable character and violations of the Shipping Act as described herein’’; and order Respondents to cease and desist from the above described violations of the Shipping Act.’’ Complainant requests that the Commission award reparations to Complainant in a sum of no less than $283,918.95, plus reasonable attorney’s fees, interests and costs; that Respondents pay any other damages that may be determined proper; and that the Commission impose any other relief as the Commission determines to be proper, fair, and just. This proceeding has been assigned to the Office of Administrative Law Judges. Hearing in this matter, if any is held, shall commence within the time limitations prescribed in 46 CFR 502.61, and only after consideration has been given by the parties and the presiding officer to the use of alternative forms of dispute resolution. The hearing shall include oral testimony and crossexamination in the discretion of the presiding officer only upon 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 matter in issue is such that an oral hearing and crossexamination are necessary for the development of an adequate record. Pursuant to the further terms of 46 CFR 502.61, the initial decision of the presiding officer in this proceeding shall be issued by February 4, 2011 and the final decision of the Commission shall be issued by June 6, 2011. Karen V. Gregory, Secretary. [FR Doc. 2010–2818 Filed 2–8–10; 8:45 am] BILLING CODE 6730–01–P 2 Complainant cites to ‘‘§ 10(b)(2)(11)’’ which does not exist, but quotes the language contained in § 10(b)(11), 46 U.S.C. 41104(11). VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-VesselOperating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel-Operating Common Carrier—Ocean Transportation Intermediary Falcon Containerline LLC, 257 William Street, Piscataway, NJ 08854, Officers, Bilal B. Nasir, President, (Qualifying Individual), Nasir Amin, Secretary/Managing Director. Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants Best Way Logistics Corp., 901 SW. 98th Terrace, Pembroke Pines, FL 33025, Officers, Christopher J. Bouscher, President/Secretary, (Qualifying Individual), Gavin Bouscher, Vice President. H.A.B. International, Inc., 8601 NW. 68th Street, Miami, FL 33166, Officers, Harold A. Beharry, President, (Qualifying Individual), Brehaspati Beharry, Vice President. Guardian International, Inc., 3728 Lake Avenue, Ft. Wayne, IN 46805, Officers, Tonya R. Watson, Vice President, (Qualifying Individual), Sabah A. Qiyas, President. D.J. Powers Company, Inc., 5000 Business Center Drive, Suite 1000, Savannah, GA 31405, Officers, Rhett N. Willis, President/CEO, (Qualifying Individual), Richard E. Carter, Chairman. H T International Inc., 281 E. Redondo Beach Blvd., Gardena, CA 90248, Officers, Alessandro E. Bernardini, Sales Manager, (Qualifying Individual), Glenda Valdez, President/Corporate Secretary. Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants (Cont’d): Vortex Worldwide Logistics Corp., 10125 NW. 116th Way, #10, Miami, PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 FL 33178, Officers, Christian M. Ollino, President/Secretary, (Qualifying Individual), Lisette A. Ollino, Vice President. Coltrans (USA), Inc., 10925 NW. 27th Street, #102, Miami, FL 33172, Officers, Jan Gerdes, Vice President, (Qualifying Individual), Jochen Raute, President. U.S.G.A. Logistic, Inc., 16206 Aldine Westfield Road, Houston, TX 77032, Officers, Frederic Lalou, COO, (Qualifying Individual), Jean Jacques Lalou, CEO. Geevee Enterprises Inc. dba Aerosend, 245 W. Roosevelt Road, Building 12, Unit 90, West Chicago, IL 60185, Officers, Charity Marbella, Executive Vice President, (Qualifying Individual), Gil Valenzuela, President. Dapex Inc., 83–77 Woodhaven Blvd., Suite 1D, Woodhaven, NY 11421, Officer; David Dvinov, President/ Secretary, (Qualifying Individual). Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants (Cont’d) FSS Global Logistics Limited Liability Company, 40 Newport Parkway, Suite 1006, Jersey City, NJ 07310, Officers, Shafeik Bacchus, Manager, (Qualifying Individual), Sathya Prakash Santhanam, Chief Operating Officer. Dated: February 4, 2010. Karen V. Gregory, Secretary. [FR Doc. 2010–2819 Filed 2–8–10; 8:45 am] BILLING CODE 6730–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; HIT Policy Committee’s Adoption/ Certification Workgroup Meeting; Notice of Meeting AGENCY: Office of the National Coordinator for Health Information Technology, HHS. ACTION: Notice of meeting. This notice announces a forthcoming subcommittee meeting of a federal advisory committee of the Office of the National Coordinator for Health Information Technology (ONC). The meeting will be open to the public. Name of Committee: HIT Policy Committee’s Adoption/Certification Workgroup. General Function of the Committee: To provide recommendations to the National E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

Federal Maritime Commission

[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6397-6398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2818]


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

FEDERAL MARITIME COMMISSION

[Docket No. 10-01]


AMC USA, Inc. v. International First Service S.A. a/k/a IFS S.A, 
its Agents, Affiliated, Related and Partner Companies, and 
International First Service Argentina a/k/a AR-IFS, its Agents, 
Affiliated, Related and Partner Companies, and International First 
Service USA, Inc. a/k/a IFS USA, Inc. d/b/a Global Wine Logistics USA 
Inc. a/k/a GWL USA, Inc., and Global Wine Logistics USA Inc. a/k/a GWL 
USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH; Notice of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by AMC USA, Inc. (``AMC''), 
hereinafter ``Complainant,'' against International First Service S.A. 
a/k/a IFS S.A (``IFS S.A.''); International First Service USA, Inc. a/
k/a IFS USA, Inc. (``IFS USA'') d/b/a/Global Wine Logistics USA Inc. a/
k/a GWL USA, Inc. (``GWL USA''); Global Wine Logistics USA Inc. a/k/a 
GWL USA, Inc. (``GWL USA''); Anita McNeil; International First Service 
Argentina a/k/a AR-IFS (``AR-IFS''); and Ipsen Logistics GmbH 
(``Ipsen'') \1\, hereinafter ``Respondents''. Complainant asserts that 
it is a licensed non-vessel operating common carrier incorporated in 
New Jersey and registered in New York. Complainant alleges that 
Respondent IFS S.A., is an unlicensed non-US-based ocean transportation 
intermediary/non-vessel operating common carrier. Complainant alleges 
that Respondents IFS USA and GWL USA, are incorporated in Delaware and 
are holding themselves out to the public as providers of transportation 
services, and have assumed responsibility for transportation. 
Complainant alleges that Respondent ANITA MCNEIL is the President of 
IFS USA and GWL USA and formerly Executive Vice President of 
Complainant, AMC. Respondent Ipsen is incorporated in Bremen, Germany 
and is a partner company to IFS S.A. Respondent AR-IFS., is affiliated 
with IFS USA and located in Buenos Aires, Argentina.
---------------------------------------------------------------------------

    \1\ Respondent Ipsen was not included in the caption block of 
the complaint as filed, but was listed as a Respondent within the 
text of the complaint. As such, Respondent Ipsen has been added to 
the caption in this Notice.
---------------------------------------------------------------------------

    Complainant asserts that Respondents violated the Shipping Act of 
1984 by: (1) Failing to keep open to the public in an automated tariff 
system, tariffs showing all rates, charges, classifications, rules, and 
practices between all points and ports on its route and on any through 
transportation that has been established; (2) failing to file with the 
Commission the service contracts entered into with vessel operating 
common carriers; (3) engaging in a ``willful and deliberate fraudulent 
scheme to steal customers, employees and proprietary information'' from 
Complainant in order to gain an unfair business advantage and/or in 
order to provide ocean transportation for property for less than the 
rates and/or charges that would otherwise have applied; (4) operating 
under agreements that were required to be filed under the Shipping Act 
that were not effective under Act; (5) working together to allow 
parties to obtain transportation for property at less than the rates or 
charges that would have applied by unjust and unfair means; (6) failing 
to establish, observe and enforce just and reasonable regulations and 
practices relating to or connected with receiving, handling, and 
delivering property; and (7) knowingly and willfully accepting cargo 
for the account of an ocean transportation intermediary that does not 
have a tariff and a bond, insurance or other surety. 46 U.S.C. 
40501(a), 40502(b)(1), 41102,

[[Page 6398]]

41104(1) and 41104(11).\2\ Finally, complainant also alleges that 
Respondents ``acted as ocean transportation intermediaries in the 
United States without a license'' in violation of the Shipping Act and 
the Commission's regulations. 46 U.S.C. 40901, and 46 CFR 515.3 and 
520.
---------------------------------------------------------------------------

    \2\ Complainant cites to ``Sec.  10(b)(2)(11)'' which does not 
exist, but quotes the language contained in Sec.  10(b)(11), 46 
U.S.C. 41104(11).
---------------------------------------------------------------------------

    Complainant asserts that as a direct result of Respondent's 
violations of the Shipping Act, Complainant has had ``injury involving 
customer relations, its reputation in the industry and has been forced 
to take legal action.'' Complainant requests the Commission ``deny FMC 
OTI licenses based upon unsuitable character and violations of the 
Shipping Act as described herein''; and order Respondents to cease and 
desist from the above described violations of the Shipping Act.'' 
Complainant requests that the Commission award reparations to 
Complainant in a sum of no less than $283,918.95, plus reasonable 
attorney's fees, interests and costs; that Respondents pay any other 
damages that may be determined proper; and that the Commission impose 
any other relief as the Commission determines to be proper, fair, and 
just.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon 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 matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by February 4, 
2011 and the final decision of the Commission shall be issued by June 
6, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-2818 Filed 2-8-10; 8:45 am]
BILLING CODE 6730-01-P

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