Falcon Shipping Inc., Abdiel Falcon-Application for a License as an Ocean Transportation Intermediary Order To Show Cause, 38177-38178 [2011-16226]

Download as PDF 38177 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the Federal Register) may be relied upon as ‘‘of record’’ notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the Federal Register (57 FR SUMMARY: FEDERAL DEPOSIT INSURANCE CORPORATION Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or Manager Federal Deposit Insurance Corporation. AGENCY: Update listing of Financial Institutions in liquidation. ACTION: 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at https://www.fdic.gov/bank/ individual/failed/banklist.html or contact the Manager of Receivership Oversight in the appropriate service center. Dated: June 20, 2011. Federal Deposit Insurance Corporation. Pamela Johnson Regulatory Editing Specialist. INSTITUTIONS IN LIQUIDATION [In alphabetical order] FDIC Ref. No. Bank name City State 10370 .................................................. 10371 .................................................. First Commercial Bank of Tampa Bay ............................. McIntosh State Bank ........................................................ Tampa .................. Jackson ................ FL ...... GA ..... in the trades between ports on the U.S. Atlantic coast and ports in Costa Rica. [FR Doc. 2011–16260 Filed 6–28–11; 8:45 am] BILLING CODE 6714–01–P By Order of the Federal Maritime Commission. Dated: June 24, 2011. Rachel E. Dickon, Assistant Secretary. FEDERAL MARITIME COMMISSION mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Agreements Filed 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 (www.fmc.gov) or by contacting the Office of Agreements at (202)–523–5793 or tradeanalysis@fmc.gov. Agreement No.: 012131. Title: MOL/Norasia Space Charter Agreement. Parties: Mitsui O.S.K. Lines, Ltd. and Norasia Container Lines Ltd. Filing Party: Robert B. Yoshitomi, Esq.; Nixon Peabody LLP; 555 West Fifth Street, 46th Floor; Los Angeles, CA 90013. Synopsis: The agreement authorizes the parties to charter space in the trade from Vietnam to U.S. West Coast. Agreement No.: 012132. Title: Crowley/King Ocean Charter and Sailing Agreement. Parties: Crowley Latin America Services, LLC and King Ocean Services Limited, Inc. Filing Party: Wayne Rohde, Esq.; Cozen O’Connor; 1627 I Street, NW.; Suite 1100; Washington, DC 20006. Synopsis: The agreement authorizes King Ocean to charter space to Crowley VerDate Mar<15>2010 17:48 Jun 28, 2011 Jkt 223001 [FR Doc. 2011–16340 Filed 6–28–11; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 11–10] Falcon Shipping Inc., Abdiel Falcon— Application for a License as an Ocean Transportation Intermediary Order To Show Cause Falcon Shipping Inc. (Falcon Shipping) and Mr. Abdiel Falcon submitted an application to operate as both a non-vessel-operating common carrier (NVOCC) and as a freight forwarder (FF) on March 8, 2011. Incorporated in Florida on February 18, 2008, Falcon Shipping is currently located at 4458 NW. 74th Avenue, Miami, FL 33166. Abdiel Falcon is the sole owner, president and secretary of Falcon Shipping, as well as the qualifying individual identified in the license application. In response to a question on his OTI application, Mr. Falcon answered in the affirmative that he had been arrested, charged, convicted, or forfeited collateral for any felony, misdemeanor or other violation. As documented by the Bureau of Certification and Licensing (BCL) in considering the Falcon Shipping application, on December 29, 2010, Mr. Falcon entered a plea of guilty in the United States District Court for the Southern District PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Date closed 06/17/2011 06/17/2011 of Florida to one felony count of unlawful importation of goods (smuggling), in violation of 18 U.S.C 545.1 See Case No. 1:10–20719–CR– ALTONAGA–2. On May 18, 2011, BCL issued a letter notifying Mr. Falcon of the Commission’s intent to deny Falcon’s license application. As reflected in BCL’s letter, that action stems from Mr. Falcon’s recent felony conviction. Under 46 CFR 515.15, denial of an OTI license is appropriate when the Commission cannot rely upon the character or integrity of the applicant, or its principals, to the extent necessary to ensure future conduct within the requirements of the Shipping Act and the Commission’s regulations. BCL concluded that Falcon Shipping and its qualifying individual, Abdiel Falcon, lacked the requisite character to be licensed as an OTI. In response to BCL’s letter of May 18, 2011, Mr. Falcon timely sent an e-mail to Glenda Singleton of BCL requesting a hearing on the denial of his license 1 18 U.S.C. 545 states: Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law shall be fined under this title or imprisoned not more than 20 years, or both. E:\FR\FM\29JNN1.SGM 29JNN1 38178 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices application. Pursuant to such request,2 this Order directs Respondents Falcon Shipping, Inc. and Mr. Abdiel Falcon, its qualifying individual, to show cause, pursuant to 46 CFR 502.66, why the BCL’s determination to deny the OTI license application should not be upheld inasmuch as Mr. Falcon was convicted of a felony charge of unlawful importation of goods in violation of 18 U.S.C. 545 and is still serving probation on such conviction. Section 19 of the Shipping Act of 1984, 46 U.S.C. 40901, provides that the Commission shall issue an OTI license to a person that the Commission determines to be qualified by experience and character. The Commission’s regulations at 46 CFR 515.15 implement the standards for licensing under section 19, and state that: mstockstill on DSK4VPTVN1PROD with NOTICES If the Commission determines, as a result of its investigation, that the applicant: (a) Does not possess the necessary experience or character to render intermediary services; (b) Has failed to respond to any lawful inquiry of the Commission; or (c) Has made any materially false or misleading statement to the Commission; then a letter of intent to deny the application shall be sent to the applicant * * * The Commission’s regulations thus require denial of an application for an OTI license if the applicant does not possess the necessary character to render OTI services. It is well established that the burden of proof in a licensing proceeding is on the applicant. Independent Ocean Freight Forwarder Application—Lesco Packing Co. Inc., 19 FMC 132, 136 (FMC 1976). The Commission has previously found that commission of a federal crime rises to the level of the ‘‘most egregious circumstances’’ warranting revocation or suspension (and, by analogy, denial) of a license. In the Matter of Ocean Transportation License in the Name of Apparel Logistics, Inc., Petition for Appeal from Staff Action or in the Alternative for Initiation of an Investigation, 30 S.R.R. 567, 570 (FMC 2004) (‘‘Prior decisions have held that revoking or suspending an OTI license should be limited to the most egregious circumstances, such as OTIs violating the Shipping Act or Commission regulations, committing other federal offenses, or materially misrepresenting information regarding their qualifications.’’), citing Stallion Cargo, Inc.—Possible Violations of Sections 10(a)(1) and 10 (b) (1) of the Shipping Act of 1984, 29 S.R.R. 665, 683–84 (FMC 2001); AAA NordStar Line Inc.— 2 While transmitted only to BCL, Mr. Falcon’s email request is deemed sufficient under 46 CFR 515.15 to entitle Falcon Shipping to a hearing with respect to his OTI application. VerDate Mar<15>2010 17:48 Jun 28, 2011 Jkt 223001 Revocation of License No. 12234, 29 S.R.R. 663, 663–64 (FMC 2002); Commonwealth Shipping Ltd., Cargo Carriers Ltd., Martyn C. Merritt and Mary Anne Merritt—Submission of Materially False or Misleading Statements to the Federal Maritime Commission And False Representation of Common Carrier Vessel Operations, 29 S.R.R. 1408, 1412–1414 (FMC 2003). Now therefore, it is ordered That pursuant to sections 11 and 19 of the Shipping Act of 1984, Falcon Shipping, Inc. and Abdiel Falcon are hereby directed to show cause why the BCL’s determination to deny the OTI license application should not be upheld. It is further ordered That this proceeding is limited to the submission of facts and memoranda of law; It is further ordered That Falcon Shipping, Inc. and Abdiel Falcon are named as Respondents in this proceeding. Affidavits of fact and memoranda of law shall be filed by Respondents in support of its application no later than July 13, 2011; It is further ordered That the Commission’s Bureau of Enforcement is 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 in opposition to Respondents no later than July 28, 2011; It is further ordered, That notice of this Order be published in the Federal Register, and a copy be served on parties of record; It is further ordered That all documents submitted by any party of record in this proceeding shall be filed in accordance with Rule 2 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.2, as well as being mailed (or e-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 23, 2011. Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of 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 offices 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 July 13, 2011. A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045–0001: 1. Thomas H. Lee (Alternative) Fund VI, L.P., Thomas H. Lee (Alternative) Parallel Fund VI, L.P., Thomas H. Lee (Alternative) Parallel (DT) Fund VI, L.P., THL FBC Equity Investors, L.P., THL Advisors (Alternative) VI, L.P., Thomas H. Lee (Alternative) VI, Ltd., THL Managers VI, LLC, Thomas H. Lee Partners, L.P., Thomas H. Lee Advisors, LLC, Anthony J. DiNovi and Scott M. Sperling, all of Boston, Massachussetts; to directly acquire 24.9 percent of the voting common stock of First BanCorp, and thereby indirectly acquire FirstBank Puerto Rico, both of San Juan, Puerto Rico. By the Commission. Karen V. Gregory, Secretary. The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR Part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless [FR Doc. 2011–16226 Filed 6–28–11; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Board of Governors of the Federal Reserve System, June 24, 2011. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2011–16253 Filed 6–28–11; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in Permissible Nonbanking Activities or To Acquire Companies That Are Engaged in Permissible Nonbanking Activities E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Pages 38177-38178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16226]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-10]


Falcon Shipping Inc., Abdiel Falcon--Application for a License as 
an Ocean Transportation Intermediary Order To Show Cause

    Falcon Shipping Inc. (Falcon Shipping) and Mr. Abdiel Falcon 
submitted an application to operate as both a non-vessel-operating 
common carrier (NVOCC) and as a freight forwarder (FF) on March 8, 
2011. Incorporated in Florida on February 18, 2008, Falcon Shipping is 
currently located at 4458 NW. 74th Avenue, Miami, FL 33166. Abdiel 
Falcon is the sole owner, president and secretary of Falcon Shipping, 
as well as the qualifying individual identified in the license 
application.
    In response to a question on his OTI application, Mr. Falcon 
answered in the affirmative that he had been arrested, charged, 
convicted, or forfeited collateral for any felony, misdemeanor or other 
violation. As documented by the Bureau of Certification and Licensing 
(BCL) in considering the Falcon Shipping application, on December 29, 
2010, Mr. Falcon entered a plea of guilty in the United States District 
Court for the Southern District of Florida to one felony count of 
unlawful importation of goods (smuggling), in violation of 18 U.S.C 
545.\1\ See Case No. 1:10-20719-CR-ALTONAGA-2.
---------------------------------------------------------------------------

    \1\ 18 U.S.C. 545 states:
    Whoever knowingly and willfully, with intent to defraud the 
United States, smuggles, or clandestinely introduces or attempts to 
smuggle or clandestinely introduce into the United States any 
merchandise which should have been invoiced, or makes out or passes, 
or attempts to pass, through the customhouse any false, forged, or 
fraudulent invoice, or other document or paper; or Whoever 
fraudulently or knowingly imports or brings into the United States, 
any merchandise contrary to law, or receives, conceals, buys, sells, 
or in any manner facilitates the transportation, concealment, or 
sale of such merchandise after importation, knowing the same to have 
been imported or brought into the United States contrary to law 
shall be fined under this title or imprisoned not more than 20 
years, or both.
---------------------------------------------------------------------------

    On May 18, 2011, BCL issued a letter notifying Mr. Falcon of the 
Commission's intent to deny Falcon's license application. As reflected 
in BCL's letter, that action stems from Mr. Falcon's recent felony 
conviction. Under 46 CFR 515.15, denial of an OTI license is 
appropriate when the Commission cannot rely upon the character or 
integrity of the applicant, or its principals, to the extent necessary 
to ensure future conduct within the requirements of the Shipping Act 
and the Commission's regulations. BCL concluded that Falcon Shipping 
and its qualifying individual, Abdiel Falcon, lacked the requisite 
character to be licensed as an OTI.
    In response to BCL's letter of May 18, 2011, Mr. Falcon timely sent 
an e-mail to Glenda Singleton of BCL requesting a hearing on the denial 
of his license

[[Page 38178]]

application. Pursuant to such request,\2\ this Order directs 
Respondents Falcon Shipping, Inc. and Mr. Abdiel Falcon, its qualifying 
individual, to show cause, pursuant to 46 CFR 502.66, why the BCL's 
determination to deny the OTI license application should not be upheld 
inasmuch as Mr. Falcon was convicted of a felony charge of unlawful 
importation of goods in violation of 18 U.S.C. 545 and is still serving 
probation on such conviction.
---------------------------------------------------------------------------

    \2\ While transmitted only to BCL, Mr. Falcon's e-mail request 
is deemed sufficient under 46 CFR 515.15 to entitle Falcon Shipping 
to a hearing with respect to his OTI application.
---------------------------------------------------------------------------

    Section 19 of the Shipping Act of 1984, 46 U.S.C. 40901, provides 
that the Commission shall issue an OTI license to a person that the 
Commission determines to be qualified by experience and character. The 
Commission's regulations at 46 CFR 515.15 implement the standards for 
licensing under section 19, and state that:

    If the Commission determines, as a result of its investigation, 
that the applicant: (a) Does not possess the necessary experience or 
character to render intermediary services; (b) Has failed to respond 
to any lawful inquiry of the Commission; or (c) Has made any 
materially false or misleading statement to the Commission; then a 
letter of intent to deny the application shall be sent to the 
applicant * * *

    The Commission's regulations thus require denial of an application 
for an OTI license if the applicant does not possess the necessary 
character to render OTI services.
    It is well established that the burden of proof in a licensing 
proceeding is on the applicant. Independent Ocean Freight Forwarder 
Application--Lesco Packing Co. Inc., 19 FMC 132, 136 (FMC 1976). The 
Commission has previously found that commission of a federal crime 
rises to the level of the ``most egregious circumstances'' warranting 
revocation or suspension (and, by analogy, denial) of a license. In the 
Matter of Ocean Transportation License in the Name of Apparel 
Logistics, Inc., Petition for Appeal from Staff Action or in the 
Alternative for Initiation of an Investigation, 30 S.R.R. 567, 570 (FMC 
2004) (``Prior decisions have held that revoking or suspending an OTI 
license should be limited to the most egregious circumstances, such as 
OTIs violating the Shipping Act or Commission regulations, committing 
other federal offenses, or materially misrepresenting information 
regarding their qualifications.''), citing Stallion Cargo, Inc.--
Possible Violations of Sections 10(a)(1) and 10 (b) (1) of the Shipping 
Act of 1984, 29 S.R.R. 665, 683-84 (FMC 2001); AAA NordStar Line Inc.--
Revocation of License No. 12234, 29 S.R.R. 663, 663-64 (FMC 2002); 
Commonwealth Shipping Ltd., Cargo Carriers Ltd., Martyn C. Merritt and 
Mary Anne Merritt--Submission of Materially False or Misleading 
Statements to the Federal Maritime Commission And False Representation 
of Common Carrier Vessel Operations, 29 S.R.R. 1408, 1412-1414 (FMC 
2003).
    Now therefore, it is ordered That pursuant to sections 11 and 19 of 
the Shipping Act of 1984, Falcon Shipping, Inc. and Abdiel Falcon are 
hereby directed to show cause why the BCL's determination to deny the 
OTI license application should not be upheld.
    It is further ordered That this proceeding is limited to the 
submission of facts and memoranda of law;
    It is further ordered That Falcon Shipping, Inc. and Abdiel Falcon 
are named as Respondents in this proceeding. Affidavits of fact and 
memoranda of law shall be filed by Respondents in support of its 
application no later than July 13, 2011;
    It is further ordered That the Commission's Bureau of Enforcement 
is 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 in opposition to 
Respondents no later than July 28, 2011;
    It is further ordered, That notice of this Order be published in 
the Federal Register, and a copy be served on parties of record;
    It is further ordered That all documents submitted by any party of 
record in this proceeding shall be filed in accordance with Rule 2 of 
the Commission's Rules of Practice and Procedure, 46 CFR 502.2, as well 
as being mailed (or e-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 23, 2011.

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011-16226 Filed 6-28-11; 8:45 am]
BILLING CODE 6730-01-P
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