Publication of Inaccurate or Inactive Ocean Common Carrier Tariffs; Order to Show Cause, 70448-70450 [2011-29226]
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70448
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices
Estimated Time per Response:
15 minutes (certifications); 1 hour
(depositor notices).
Total Annual Burden: 75 hours.
General Description of Collection: The
collection involves the certification that
insured depository institutions provide
the FDIC when they completely assume
deposit liabilities from another insured
depository institution, and a notification
that insured depository institutions
provide to the FDIC when they seek to
voluntarily terminate their insured
status.
2. Title: Qualified Financial Contracts.
OMB Number: 3064–0163.
Frequency of Response: On occasion.
Estimated Number of Respondents:
190 (recordkeeping/reporting); 20
(application).
Estimated Time per Response:
64 hours (24 hours—reporting; 40
hours— recordkeeping); 30 minutes
(application).
Estimated Total Annual Burden:
12,160 hours (recordkeeping/reporting);
10 hours application).
Total Annual Burden: 12,170 hours.
General Description: This collection
consists of reporting and recordkeeping
requirements for qualified financial
contracts (QFCs) held by insured
depository institutions in troubled
condition.
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collection,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
All comments will become a matter of
public record.
Dated at Washington, DC, this 8th day of
November 2011.
Federal Deposit Insurance Corporation.
Robert Feldman,
Executive Secretary.
[FR Doc. 2011–29291 Filed 11–10–11; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Update Listing of Financial
Institutions in Liquidation.
ACTION:
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
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.
SUMMARY:
Dated: November 7, 2011.
Federal Deposit Insurance Corporation.
Pamela Johnson,
Regulatory Editing Specialist.
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:
INSTITUTIONS IN LIQUIDATION
[In alphabetical order]
FDIC ref. No.
Bank name
City
State
10410 ...........
10411 ...........
Mid City Bank, Inc .......................................................................................
SunFirst Bank ..............................................................................................
Omaha ..............
Saint George ....
NE ....................
UT .....................
[FR Doc. 2011–29292 Filed 11–10–11; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL MARITIME COMMISSION
[Docket No. 11–20]
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Publication of Inaccurate or Inactive
Ocean Common Carrier Tariffs; Order
to Show Cause
This proceeding is instituted pursuant
to sections 8 and 11 of the Shipping Act
of 1984 (1984 Act), 46 U.S.C. 40501,
41302, and the Commission’s
regulations governing tariff
requirements of ocean common carriers,
46 CFR part 520. Section 8 of the 1984
Act, 46 U.S.C. 40501, provides that an
ocean common carrier holding out to
provide service in the United States
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foreign trades must keep open to public
inspection in an automated tariff system
tariffs showing all of the carrier’s rates,
charges, classifications, rules, and
practices between all points or ports on
its own route and on any through route
that has been established. The
Commission’s rules require that prior to
the commencement of common carrier
service pursuant to a published tariff,
each common carrier must notify the
Commission’s Bureau of Trade Analysis
(BTA) of the location of its tariff(s) and
the publisher, if any, used to maintain
its tariffs, by electronically submitting
Form FMC–1 via the Commission’s Web
site. A list of the locations of all carrier
and conference tariffs submitted on
Form FMC–1 is published on the
Commission’s Web site. The list is
updated in real-time to permit any
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11/4/2011
11/4/2011
interested person to obtain tariff
information and to allow the
Commission to assess carrier
compliance with statutory tariff
publication requirements. Any changes
in this information or the carrier’s name,
organization number, home office
address, or telephone must be
immediately transmitted to BTA. 46
CFR 520.3(d). The Commission’s rules
also require that carriers and
conferences inform BTA, in writing,
whenever a tariff is cancelled and the
effective date of that cancellation. 46
CFR 520.7(b).
It has come to the attention of the
Commission that the entities listed in
Schedule A to this Order are currently
identified as active vessel-operating
common carriers (VOCCs) on the
Commission’s Web site, but do not
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Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
appear to be engaged in providing ocean
common carrier service in the foreign
commerce of the United States. As of
July 2010, three hundred fifteen (315)
VOCCs were identified on the
Commission’s Web site as active carriers
maintaining tariff publications at the
Web site locations specified therein.
BTA’s Office of Service Contracts and
Tariffs (OSCT) recently performed an
audit of the carriers appearing in the
FMC–1 database to determine the
accuracy of the information provided to
the Commission and verify their activity
in the services held out in their tariffs.
Relying on a variety of online resources1
as well as individual carrier Web sites,
the audit identified the absence of any
recent activity in the foreign waterborne
commerce of the United States by those
VOCCs identified in Schedule A. It
appears that those carriers may have in
fact ceased operations and failed to
notify the Commission.
The Commission previously has
found that maintenance of common
carrier tariffs absent a present intention
to furnish those services held out in
such tariffs is contrary to the purposes
of the Shipping Act and the
Commission’s tariff regulations. In
Docket No. 98–31, Publication of
Inactive or Inaccurate Ocean Common
Carrier Tariffs, 28 SRR 832 (FMC, 1999),
the Commission found that ten
respondents had violated Section 8 of
the Shipping Act by holding out to
provide services as VOCCs and ‘‘by not
operating vessels providing common
carrier services in the U.S. foreign
commerce in accordance with their
respective VOCC tariffs.’’ Similar
findings were entered by the
Commission in Docket No. 80–77,
Failure of Vessel Operating Common
Carriers in the Foreign Commerce of the
United States to Comply With the
Certification Filing Requirements of
Section 21(b) of the Shipping Act, 1916,
21 SRR 706, 707 (FMC, 1978), wherein
the Commission held that:
[C]arriers not actively carrying cargo or
clearly committed to commence carrying
cargo between ports named in a tariff at the
rates stated therein are not common carriers
by water within the meaning of Section 18(b)
and their tariffs in such unserved trades are
subject to cancellation. See Publication of
Inactive Tariffs, 20 FMC 433, (1978). The
Commission will, therefore, cancel the tariffs
of the Appendix B carriers as contrary to
Section 18(b) and the Commission’s tariff
filing regulations (46 CFR part 536), but will
take no further action against them.
In Publication of Inactive Tariffs by
Independent Carriers, 17 SRR 471, 472
(FMC, 1977), the Commission
concluded that tariff cancellations were
a necessary step in serving important
public purposes:
It is misleading to the public, potentially
unfair to competing carriers, and an
administrative burden upon our staff for
‘‘paper’’ tariffs to be kept on file, available for
possible use it should suit the narrow
purposes of the persons issuing them to
quickly enter the trade, but otherwise
describing a nonexistent service. We construe
such a situation as contravening the implicit
requirements of Shipping Act 18(b),
subsections (1) through (3), which
necessitates the prompt submission of
accurate information concerning the services
offered by a common carrier, including the
suspension of all or any part of the
operations described by its published tariffs.
[Citations omitted].
See also Ghezzi Trucking Inc.—
Cancellation of Inactive Tariffs, 11 SRR
598, 600 (FMC, 1970). In proposing this
action, the Commission seeks also to
assure that vessel-operating common
carrier tariffs not be used as a means or
device by which others may circumvent
the bonding and licensing requirements
applicable to Non-Vessel-Operating
Common Carriers (NVOCCs).
Now therefore, it is ordered That
pursuant to Section 11 of the Shipping
Act of 1984, 46 U.S.C. 41302, the
entities listed in Schedule A to this
Order are directed to show cause why
the Commission should not cancel the
FMC–1 filings identifying the location
of the carrier’s published tariff(s)
currently on file with the Commission,
for failure to provide service as a vesseloperating common carrier in accordance
with the routes and rates set forth
therein;
It is further ordered That the entities
listed in Schedule A to this Order are
directed to show cause why the
Commission should not order those
entities to cease and desist all activities
by which they may hold out to provide
service as a common carrier within the
meaning of Section 3 of the 1984 Act,
46 U.S.C. 40102, unless and until such
time as they commence providing ocean
common carrier service in the foreign
commerce of the United States or have
filed with the Commission proof of
compliance with the tariff and financial
responsibility requirements governing
NVOCCs;
It is further ordered That this
proceeding be limited to the submission
of affidavits of fact 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 affidavit of
fact, if any, and shall be filed no later
than the day fixed below;
It is furthered ordered That the
entities listed in Schedule A to this
Order are named as Respondents in this
proceeding. Affidavits of fact and
memoranda of law shall be filed by
Respondents and any intervenors in
support of respondents no later than
December 7, 2011;
It is further ordered That the
Commission’s Bureau of Enforcement
(BOE) be made a party to this
proceeding;
It is further ordered That reply
affidavits and memoranda of law shall
be filed by BOE and intervenors in
support no later than December 22,
2011;
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) Any request for evidentiary
hearing shall be filed no later than
December 22, 2011;
It is furthered ordered That notice of
this Order to Show Cause be published
in the Federal Register, and that a copy
thereof be served upon each 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 2 of the
Commission’s Rules of Practice and
procedure, 46 CFR 502.2, 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 March 6,
2012.
By the Commission.
Karen V. Gregory,
Secretary.
1 Journal of Commerce (JOC) Sailings, PIERS, SeaWeb, and SERVCON.
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70450
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices
SCHEDULE A—LISTING OF OCEAN COMMON CARRIERS
Name and address
Tariff
Action Marine Group LLC, 7140 NW. Miami Court, Miami, FL 33150 .......................................................................................................
African Atlantic Lines, Inc., One International Place, Boston, MA 02110 ...................................................................................................
Allstate Shipping Line, LLC, 1156 Clifton Avenue, Irvington, NJ 07111 ....................................................................................................
American-Iraqi Shipping Line, Inc., 1900 Campus Commons Drive, Suite 340, Reston, VA 20191 .........................................................
Arawak Line, Ltd., 50 Shirley Street, Nassau, Bahamas ............................................................................................................................
Asia Project Services Pte. Ltd., 70 Shenton Way, #14–01 Marina House, Singapore, Singapore 079118 ..............................................
Atlantsskip HF, Vesturvor 29, 200 Kopavogur, Kopavogur, Iceland ...........................................................................................................
Autoterminal International Limited, P.O. Box 186, Tortola, Road Town, British Virgin Islands ..................................................................
Azure Shipping Corporation S.A., Torre Universal, Ave Federico Boyd, Panama City, Panama ..............................................................
BSLE Malta Limited, 57 St Christopher Street, Valetta, Malta ...................................................................................................................
Carib Services Ltd., 2377 Guy N Verger Blvd., Tampa, FL 33605 ............................................................................................................
Caribbean Star I Freight Lines, 5353 W. Tyson Avenue, #D, Tampa, FL 33611 ......................................................................................
Caribbean Transport Line S.A., 700 SE. 32nd Court, Fort Lauderdale, FL 33183 ....................................................................................
Ceylon Shipping Corporation Ltd., 498 Westgate Drive, #323, Edison, NJ 08820 ....................................................................................
Cido Car Carrier Service Limited, 20th Floor, World-Wide House, No. 19 Des Voeux Road Central, Hong Kong, China .......................
Columbia Coastal Transport Incorporated, 100 Walnut Avenue, Clark, NJ 07066 ....................................................................................
Gateway Maritime Transport Corporation, 5505 Mitchelldale, Suite 118, Houston, TX 77092 ..................................................................
GMP Holdings, Ltd., P.O. Box SS–5178, Nassau, Bahamas .....................................................................................................................
IMC Maritime Group, 1214 Stonehollow Drive, Kingwood, TX 77339 ........................................................................................................
Jackson Shipping, Inc., 5353 W. Tyson Ave., Bldg. C, Tampa, FL 33611 ................................................................................................
Kookyang Shipping Co., Ltd., 2nd Floor, Donsung Building, #17–7, 4–KA, Namdaemun-Ro, Chung-Ku, Seoul, South Korea ...............
Last-Land Air & Sea Transport, 11757 Katy Freeway, Suite 1300, Houston, TX 77079 ...........................................................................
LCI Shipholdings, Inc., 650 Poydras Street, Suite 170, New Orleans, LA 70130 ......................................................................................
Lineas Agromar S.A., Calle 73 Via 40–350, Apartado Aereo 359 and 5313, Barranquilla, Columbia ......................................................
Lineas Maritimas Mundiales, S.A., Avenida Nunez de Caceres, Esp. Luis F. Tomen, Santo Domingo, Dominican Republic .................
Moby Maritime Corporation, P.O. Box 466, Palm City, FL 34991 ..............................................................................................................
MP Ferrymar, Inc., P.O. Box 16620, San Juan, PR 00908–6620 ..............................................................................................................
MP Line de Mexico, Bosque de Duraznos #69–1105 Torre B, Bosques de las Lomas, Mexico City, Mexico .........................................
Olympic International Ltd., Room 1217, World Trade Center Bldg., 2–4–1, Hamamatsucho, Minato-Ku, Tokyo 105, Japan ..................
Omnium Brasil Line, LLC, 2353 St. Johns Bluff Road, South Jacksonville, FL 32246 ..............................................................................
Overseas Carrier, Inc., 3526 F.M. 528, Suite 104, Friendswood, TX 77546 .............................................................................................
Overseas Transport Company of 2000, E.A. Creque Bldg., Main Street, Road Town, Tortola, British Virgin Islands .............................
Pan Ocean Shipping Company, Ltd., Dae Han Fire Insurance Building, 51–1 Namchang-Dong, Jungk-Ku, C.P.O. Box 3051, Seoul,
South Korea .............................................................................................................................................................................................
Phoenix Caribbean Shipping Line, Inc., 2945 Richmond Terrance, Staten Island, NY 10303 ..................................................................
POL-Atlantic, LTD., 10 Lutego 24, Gydnia, Poland ....................................................................................................................................
Rusflot Shipping Line N.V., 4 Dormasolweg, Willemstad, Curacao, Netherlands Antilles .........................................................................
Sloman Neptun, Langenstrasse 44, Bremen, D–28195, Germany ............................................................................................................
Star West Joint Service, Albion House, 20 Queen Elizabeth St., London, SE1 2LS .................................................................................
Strong Maritime Corporation, 6th Fl, No. 87 Sung Jiang Road, Taipei, Taiwan 10486 .............................................................................
Texas American Shipping Corp., 16800 Greenspoint Drive, Suite S–105S, Houston, TX 77060 .............................................................
Transportacion Maritima Grancolombiana S.A., Carrera 13 A No. 77A–63, SantaFe De Bogota, Bogota, Colombia ..............................
Unimar Maritime Limited, 2, Pinat Can St; P.O.B. 8005, Haifa, Israel .......................................................................................................
Venezuelan Container Line, C.A., Piso 16, Torre El Chorro, Esquina El Chorro, Caracas, Venezuela ....................................................
VOC Steel Services B.V., Westeriaan 10, 3016 CK Rotterdam, Netherlands ...........................................................................................
Western Pacific Shipping Company, Malakal Commercial Port, Box 9005, Koror, Palau 96940 ..............................................................
Windward Maritime LLC, 300 Pigeon Point Rd., New Castle, DE 19720 ..................................................................................................
[FR Doc. 2011–29226 Filed 11–10–11; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL RESERVE SYSTEM
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Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
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
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19:40 Nov 10, 2011
Jkt 226001
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
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020521
016858
021135
019754
016405
019854
016243
020075
013897
020287
015585
011635
013360
016589
021100
013594
010789
018663
010613
008866
020957
020008
007840
001608
018002
016284
017333
019817
009647
018968
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000989
017772
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019885
noted, nonbanking activities will be
conducted throughout the United States.
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 December 8,
2011.
A. Federal Reserve Bank of Atlanta
(Chapelle Davis, Assistant Vice
President) 1000 Peachtree Street NE.,
Atlanta, Georgia 30309:
1. HCBF Holding Company, Inc., Palm
City, Florida; to become a bank holding
company by acquiring 100 percent of
the voting shares of Grand Bankshares,
Inc., and Grand Bank and Trust of
Florida, both in West Palm Beach,
Florida.
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]]>Agencies
[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70448-70450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29226]
=======================================================================
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FEDERAL MARITIME COMMISSION
[Docket No. 11-20]
Publication of Inaccurate or Inactive Ocean Common Carrier
Tariffs; Order to Show Cause
This proceeding is instituted pursuant to sections 8 and 11 of the
Shipping Act of 1984 (1984 Act), 46 U.S.C. 40501, 41302, and the
Commission's regulations governing tariff requirements of ocean common
carriers, 46 CFR part 520. Section 8 of the 1984 Act, 46 U.S.C. 40501,
provides that an ocean common carrier holding out to provide service in
the United States foreign trades must keep open to public inspection in
an automated tariff system tariffs showing all of the carrier's rates,
charges, classifications, rules, and practices between all points or
ports on its own route and on any through route that has been
established. The Commission's rules require that prior to the
commencement of common carrier service pursuant to a published tariff,
each common carrier must notify the Commission's Bureau of Trade
Analysis (BTA) of the location of its tariff(s) and the publisher, if
any, used to maintain its tariffs, by electronically submitting Form
FMC-1 via the Commission's Web site. A list of the locations of all
carrier and conference tariffs submitted on Form FMC-1 is published on
the Commission's Web site. The list is updated in real-time to permit
any interested person to obtain tariff information and to allow the
Commission to assess carrier compliance with statutory tariff
publication requirements. Any changes in this information or the
carrier's name, organization number, home office address, or telephone
must be immediately transmitted to BTA. 46 CFR 520.3(d). The
Commission's rules also require that carriers and conferences inform
BTA, in writing, whenever a tariff is cancelled and the effective date
of that cancellation. 46 CFR 520.7(b).
It has come to the attention of the Commission that the entities
listed in Schedule A to this Order are currently identified as active
vessel-operating common carriers (VOCCs) on the Commission's Web site,
but do not
[[Page 70449]]
appear to be engaged in providing ocean common carrier service in the
foreign commerce of the United States. As of July 2010, three hundred
fifteen (315) VOCCs were identified on the Commission's Web site as
active carriers maintaining tariff publications at the Web site
locations specified therein. BTA's Office of Service Contracts and
Tariffs (OSCT) recently performed an audit of the carriers appearing in
the FMC-1 database to determine the accuracy of the information
provided to the Commission and verify their activity in the services
held out in their tariffs. Relying on a variety of online resources\1\
as well as individual carrier Web sites, the audit identified the
absence of any recent activity in the foreign waterborne commerce of
the United States by those VOCCs identified in Schedule A. It appears
that those carriers may have in fact ceased operations and failed to
notify the Commission.
---------------------------------------------------------------------------
\1\ Journal of Commerce (JOC) Sailings, PIERS, Sea-Web, and
SERVCON.
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The Commission previously has found that maintenance of common
carrier tariffs absent a present intention to furnish those services
held out in such tariffs is contrary to the purposes of the Shipping
Act and the Commission's tariff regulations. In Docket No. 98-31,
Publication of Inactive or Inaccurate Ocean Common Carrier Tariffs, 28
SRR 832 (FMC, 1999), the Commission found that ten respondents had
violated Section 8 of the Shipping Act by holding out to provide
services as VOCCs and ``by not operating vessels providing common
carrier services in the U.S. foreign commerce in accordance with their
respective VOCC tariffs.'' Similar findings were entered by the
Commission in Docket No. 80-77, Failure of Vessel Operating Common
Carriers in the Foreign Commerce of the United States to Comply With
the Certification Filing Requirements of Section 21(b) of the Shipping
Act, 1916, 21 SRR 706, 707 (FMC, 1978), wherein the Commission held
that:
[C]arriers not actively carrying cargo or clearly committed to
commence carrying cargo between ports named in a tariff at the rates
stated therein are not common carriers by water within the meaning
of Section 18(b) and their tariffs in such unserved trades are
subject to cancellation. See Publication of Inactive Tariffs, 20 FMC
433, (1978). The Commission will, therefore, cancel the tariffs of
the Appendix B carriers as contrary to Section 18(b) and the
Commission's tariff filing regulations (46 CFR part 536), but will
take no further action against them.
In Publication of Inactive Tariffs by Independent Carriers, 17 SRR
471, 472 (FMC, 1977), the Commission concluded that tariff
cancellations were a necessary step in serving important public
purposes:
It is misleading to the public, potentially unfair to competing
carriers, and an administrative burden upon our staff for ``paper''
tariffs to be kept on file, available for possible use it should
suit the narrow purposes of the persons issuing them to quickly
enter the trade, but otherwise describing a nonexistent service. We
construe such a situation as contravening the implicit requirements
of Shipping Act 18(b), subsections (1) through (3), which
necessitates the prompt submission of accurate information
concerning the services offered by a common carrier, including the
suspension of all or any part of the operations described by its
published tariffs. [Citations omitted].
See also Ghezzi Trucking Inc.--Cancellation of Inactive Tariffs, 11
SRR 598, 600 (FMC, 1970). In proposing this action, the Commission
seeks also to assure that vessel-operating common carrier tariffs not
be used as a means or device by which others may circumvent the bonding
and licensing requirements applicable to Non-Vessel-Operating Common
Carriers (NVOCCs).
Now therefore, it is ordered That pursuant to Section 11 of the
Shipping Act of 1984, 46 U.S.C. 41302, the entities listed in Schedule
A to this Order are directed to show cause why the Commission should
not cancel the FMC-1 filings identifying the location of the carrier's
published tariff(s) currently on file with the Commission, for failure
to provide service as a vessel-operating common carrier in accordance
with the routes and rates set forth therein;
It is further ordered That the entities listed in Schedule A to
this Order are directed to show cause why the Commission should not
order those entities to cease and desist all activities by which they
may hold out to provide service as a common carrier within the meaning
of Section 3 of the 1984 Act, 46 U.S.C. 40102, unless and until such
time as they commence providing ocean common carrier service in the
foreign commerce of the United States or have filed with the Commission
proof of compliance with the tariff and financial responsibility
requirements governing NVOCCs;
It is further ordered That this proceeding be limited to the
submission of affidavits of fact 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 affidavit of
fact, if any, and shall be filed no later than the day fixed below;
It is furthered ordered That the entities listed in Schedule A to
this Order are named as Respondents in this proceeding. Affidavits of
fact and memoranda of law shall be filed by Respondents and any
intervenors in support of respondents no later than December 7, 2011;
It is further ordered That the Commission's Bureau of Enforcement
(BOE) be made a party to this proceeding;
It is further ordered That reply affidavits and memoranda of law
shall be filed by BOE and intervenors in support no later than December
22, 2011;
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) Any request for evidentiary hearing shall be filed no later
than December 22, 2011;
It is furthered ordered That notice of this Order to Show Cause be
published in the Federal Register, and that a copy thereof be served
upon each 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 2 of
the Commission's Rules of Practice and procedure, 46 CFR 502.2, 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 March
6, 2012.
By the Commission.
Karen V. Gregory,
Secretary.
[[Page 70450]]
Schedule A--Listing of Ocean Common Carriers
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Name and address Tariff
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Action Marine Group LLC, 7140 NW. Miami Court, Miami, FL 020521
33150.......................................................
African Atlantic Lines, Inc., One International Place, 016858
Boston, MA 02110............................................
Allstate Shipping Line, LLC, 1156 Clifton Avenue, Irvington, 021135
NJ 07111....................................................
American-Iraqi Shipping Line, Inc., 1900 Campus Commons 019754
Drive, Suite 340, Reston, VA 20191..........................
Arawak Line, Ltd., 50 Shirley Street, Nassau, Bahamas........ 016405
Asia Project Services Pte. Ltd., 70 Shenton Way, 14- 019854
01 Marina House, Singapore, Singapore 079118................
Atlantsskip HF, Vesturvor 29, 200 Kopavogur, Kopavogur, 016243
Iceland.....................................................
Autoterminal International Limited, P.O. Box 186, Tortola, 020075
Road Town, British Virgin Islands...........................
Azure Shipping Corporation S.A., Torre Universal, Ave 013897
Federico Boyd, Panama City, Panama..........................
BSLE Malta Limited, 57 St Christopher Street, Valetta, Malta. 020287
Carib Services Ltd., 2377 Guy N Verger Blvd., Tampa, FL 33605 015585
Caribbean Star I Freight Lines, 5353 W. Tyson Avenue, D, Tampa, FL 33611........................................
Caribbean Transport Line S.A., 700 SE. 32nd Court, Fort 013360
Lauderdale, FL 33183........................................
Ceylon Shipping Corporation Ltd., 498 Westgate Drive, 323, Edison, NJ 08820.....................................
Cido Car Carrier Service Limited, 20th Floor, World-Wide 021100
House, No. 19 Des Voeux Road Central, Hong Kong, China......
Columbia Coastal Transport Incorporated, 100 Walnut Avenue, 013594
Clark, NJ 07066.............................................
Gateway Maritime Transport Corporation, 5505 Mitchelldale, 010789
Suite 118, Houston, TX 77092................................
GMP Holdings, Ltd., P.O. Box SS-5178, Nassau, Bahamas........ 018663
IMC Maritime Group, 1214 Stonehollow Drive, Kingwood, TX 010613
77339.......................................................
Jackson Shipping, Inc., 5353 W. Tyson Ave., Bldg. C, Tampa, 008866
FL 33611....................................................
Kookyang Shipping Co., Ltd., 2nd Floor, Donsung Building, 020957
17-7, 4-KA, Namdaemun-Ro, Chung-Ku, Seoul, South
Korea.......................................................
Last-Land Air & Sea Transport, 11757 Katy Freeway, Suite 020008
1300, Houston, TX 77079.....................................
LCI Shipholdings, Inc., 650 Poydras Street, Suite 170, New 007840
Orleans, LA 70130...........................................
Lineas Agromar S.A., Calle 73 Via 40-350, Apartado Aereo 359 001608
and 5313, Barranquilla, Columbia............................
Lineas Maritimas Mundiales, S.A., Avenida Nunez de Caceres, 018002
Esp. Luis F. Tomen, Santo Domingo, Dominican Republic.......
Moby Maritime Corporation, P.O. Box 466, Palm City, FL 34991. 016284
MP Ferrymar, Inc., P.O. Box 16620, San Juan, PR 00908-6620... 017333
MP Line de Mexico, Bosque de Duraznos 69-1105 Torre 019817
B, Bosques de las Lomas, Mexico City, Mexico................
Olympic International Ltd., Room 1217, World Trade Center 009647
Bldg., 2-4-1, Hamamatsucho, Minato-Ku, Tokyo 105, Japan.....
Omnium Brasil Line, LLC, 2353 St. Johns Bluff Road, South 018968
Jacksonville, FL 32246......................................
Overseas Carrier, Inc., 3526 F.M. 528, Suite 104, 015799
Friendswood, TX 77546.......................................
Overseas Transport Company of 2000, E.A. Creque Bldg., Main 016891
Street, Road Town, Tortola, British Virgin Islands..........
Pan Ocean Shipping Company, Ltd., Dae Han Fire Insurance 000989
Building, 51-1 Namchang-Dong, Jungk-Ku, C.P.O. Box 3051,
Seoul, South Korea..........................................
Phoenix Caribbean Shipping Line, Inc., 2945 Richmond 017772
Terrance, Staten Island, NY 10303...........................
POL-Atlantic, LTD., 10 Lutego 24, Gydnia, Poland............. 014038
Rusflot Shipping Line N.V., 4 Dormasolweg, Willemstad, 011301
Curacao, Netherlands Antilles...............................
Sloman Neptun, Langenstrasse 44, Bremen, D-28195, Germany.... 019484
Star West Joint Service, Albion House, 20 Queen Elizabeth 009407
St., London, SE1 2LS........................................
Strong Maritime Corporation, 6th Fl, No. 87 Sung Jiang Road, 020122
Taipei, Taiwan 10486........................................
Texas American Shipping Corp., 16800 Greenspoint Drive, Suite 005781
S-105S, Houston, TX 77060...................................
Transportacion Maritima Grancolombiana S.A., Carrera 13 A No. 014492
77A-63, SantaFe De Bogota, Bogota, Colombia.................
Unimar Maritime Limited, 2, Pinat Can St; P.O.B. 8005, Haifa, 014286
Israel......................................................
Venezuelan Container Line, C.A., Piso 16, Torre El Chorro, 007292
Esquina El Chorro, Caracas, Venezuela.......................
VOC Steel Services B.V., Westeriaan 10, 3016 CK Rotterdam, 016823
Netherlands.................................................
Western Pacific Shipping Company, Malakal Commercial Port, 017300
Box 9005, Koror, Palau 96940................................
Windward Maritime LLC, 300 Pigeon Point Rd., New Castle, DE 019885
19720.......................................................
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[FR Doc. 2011-29226 Filed 11-10-11; 8:45 am]
BILLING CODE 6730-01-P
