OC International Freight, Inc., OMJ International Freight, Inc. and Omar Collado; Order for Hearing on Appeal of Denial of License and Order of Investigation and Hearing; Possible Violations of Sections 10(A)(1) and 19 of the Shipping Act of 1984, 20633-20635 [2012-8192]
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
manufacturer or supplier must also
make this statement of conformity and
supporting technical data available to
the FCC, at the Commission’s request.
(c) The DoC procedure represents a
simplified filing and reporting
procedure for authorizing equipment for
marketing.
(d) Finally, testing and documentation
of compliance are needed to control
potential interference to radio
communications. The data gathering are
necessary for investigating complaints
of harmful interference or for verifying
the manufacturer’s compliance with the
Commission’s rules.
Description: In accordance with
Section 1104(b) of Title XI of the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989, as
amended, notice is hereby given that the
Appraisal Subcommittee (ASC) will
meet in open session for its regular
meeting:
Location: OCC—250 E Street SW.,
Room 8C, Washington, DC 20219.
Date: April 11, 2012.
Time: 10:30 a.m.
Status: Open.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary,
Office of Managing Director.
Summary Agenda
March 14, 2012 minutes—Open
Session
(No substantive discussion of the
above items is anticipated. These
matters will be resolved with a single
vote unless a member of the ASC
requests that an item be moved to the
discussion agenda.)
[FR Doc. 2012–8204 Filed 4–4–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting Notice
Federal Election Commission.
DATE AND TIME: Tuesday April 10, 2012
at 10 a.m.
PLACE: 999 E Street NW., Washington,
DC.
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED: Compliance
matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2
U.S.C. 437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in
civil actions or proceedings or
arbitration.
Internal personnel rules and
procedures or matters affecting a
particular employee.
*
*
*
*
*
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
AGENCY:
Shelley E. Garr,
Deputy Secretary of the Commission.
[FR Doc. 2012–8359 Filed 4–3–12; 4:15 pm]
BILLING CODE 6715–01–P
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
Tkelley on DSK3SPTVN1PROD with NOTICES
[Docket No. AS12–05]
Appraisal Subcommittee Notice of
Meeting
Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council.
ACTION: Notice of meeting.
AGENCY:
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Matters To Be Considered
Discussion Agenda
Appraisal Foundation December 2011
grant reimbursement request.
Proposed revision of ASC Rules of
Operation governing Vice Chairperson
of the ASC.
Kansas Compliance Review.
How To Attend and Observe an ASC
Meeting
Email your name, organization and
contact information to
meetings@asc.gov. You may also send a
written request via U.S. Mail, fax or
commercial carrier to the Executive
Director of the ASC, 1401 H Street NW.,
Ste. 760, Washington, DC 20005. The
fax number is 202–289–4101. Your
request must be received no later than
4:30 p.m., ET, on the Monday prior to
the meeting. Attendees must have a
valid government-issued photo ID and
must agree to submit to reasonable
security measures. The meeting space is
intended to accommodate public
attendees. However, if the space will not
accommodate all requests, the ASC may
refuse attendance on that reasonable
basis. The use of any video or audio
tape recording device, photographing
device, or any other electronic or
mechanical device designed for similar
purposes is prohibited at ASC meetings.
Dated: March 30, 2012.
James R. Park,
Executive Director.
[FR Doc. 2012–8127 Filed 4–4–12; 8:45 am]
BILLING CODE P
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FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
[Docket No. AS12–06]
Appraisal Subcommittee Notice of
Meeting
Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council
ACTION: Notice of Meeting
AGENCY:
Description: In accordance with
Section 1104(b) of Title XI of the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989, as
amended, notice is hereby given that the
Appraisal Subcommittee (ASC) will
meet in closed session:
Location: OCC—250 E Street SW.,
Room 8C, Washington, DC 20219.
Date: April 11, 2012.
Time: Immediately following the ASC
open session.
Status: Closed.
Matters To Be Considered:
March 14, 2012 minutes—Closed
Session.
Preliminary discussion of State
Compliance Reviews.
Dated: March 30, 2012.
James R. Park,
Executive Director.
[FR Doc. 2012–8130 Filed 4–4–12; 8:45 am]
BILLING CODE P
FEDERAL MARITIME COMMISSION
[Docket No. 12–01]
OC International Freight, Inc., OMJ
International Freight, Inc. and Omar
Collado; Order for Hearing on Appeal
of Denial of License and Order of
Investigation and Hearing; Possible
Violations of Sections 10(A)(1) and 19
of the Shipping Act of 1984
I. Appeal of FMC Staff Determination to
Deny OTI License
OC International Freight, Inc. (OC)
submitted an application on December
2, 2010, for a license as an Ocean
Transportation Intermediary (OTI) to
operate as a Non-Vessel-Operating
Common Carrier (NVOCC) and as an
Ocean Freight Forwarder (FF). OC was
incorporated on February 27, 2007 in
the State of Florida, and OC is currently
located at 4458 NW 74th Avenue,
Miami, FL, 33166. Omar Collado is
identified in the application as OC’s
Qualifying Individual, as well as its
President, Secretary and sole owner.
On November 17, 2011, the Bureau of
Certification and Licensing (BCL) issued
a Notice of Intent to Deny OC’s license
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
application in accordance with 46 CFR
515.15. As reflected in BCL’s Notice of
Intent, that action stemmed from the
results of an investigation by the
Commission’s Miami Area
Representative (AR) revealing that the
applicant, the applicant’s Qualifying
Individual and a predecessor
corporation, OMJ International Freight,
Inc.,1 may have violated sections
10(a)(1) and 19 of the Shipping Act, 46
U.S.C. 41102(a), 40901–40902. BCL’s
letter advised that, 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. Based on
the AR’s investigation, BCL concluded
that OC, and its qualifying individual,
Mr. Collado, lacked the requisite
character to be licensed as an OTI. OC
timely requested a hearing on the denial
of its license application under 46 CFR
515.15(c).
Tkelley on DSK3SPTVN1PROD with NOTICES
II. Investigation of Possible Violations
of the Shipping Act
Central to the applicant’s request for
hearing here, Mr. Collado challenges
whether he, OMJ and/or OC should be
found to have violated the Shipping Act
and the Commission’s regulations.
Specifically, the AR’s investigation
asserted that between October 2007 and
October 2009, Mr. Collado and OMJ
allowed its foreign-based unbonded OTI
counterpart, Island Cargo Services, to
utilize OMJ’s service contracts in
numerous instances. Although
identified as the NVO on the underlying
service contract with Seaboard Marine,
the AR found that Mr. Collado did not
issue an OMJ house bill of lading and
never billed the cargo owner for ocean
freight. Rather, Mr. Collado permitted
Island Cargo Services to issue the latter
company’s house bill. Acting either as
OMJ or OC,2 Mr. Collado allegedly
provided only freight forwarding,
warehousing, trucking and loading
services for each of these shipments. On
the basis of those facts, the
1 OMJ International Freight, Inc. (OMJ) was
incorporated on March 15, 1999, and was licensed
as a freight forwarder and NVOCC on September 13,
2006. Omar Collado serves as the president,
Qualifying Individual and sole owner of OMJ.
OMJ’s license was automatically revoked on
January 15, 2010 following termination of its OTI
bond by the surety company. See 46 CFR 515.26.
2 During this same period, OMJ was dissolved as
a Florida corporation, at which time Collado
appears to have begun conducting business, in part,
under the OC name, using OC letterhead. Neither
the dissolution of OMJ (a licensed entity) nor the
apparent license transfer from OMJ to OC was
reported to BCL. 46 CFR 515.18.
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16:20 Apr 04, 2012
Jkt 226001
Commission’s Miami AR concluded that
Mr. Collado, OMJ and OC knowingly
and willfully violated section 10(a)(1) of
the Shipping Act by allowing other
persons to obtain ocean transportation
for property at less than the applicable
rates and charges through the device of
permitting such persons to unlawfully
access OMJ’s service contracts.
For the period following revocation of
OMJ’s license for failure to maintain a
bond on January 15, 2010, the Miami
AR asserted also that Mr. Collado, OMJ
and OC continued to provide ocean
freight forwarder services at a time
when they no longer possessed a valid
OTI license or bond. The Miami AR
concluded that Mr. Collado, OMJ and
OC violated section 19 by acting as an
unlicensed and unbonded OTI on more
than 100 occasions beginning on or after
January 16, 2010 and continuing
through at least October 26, 2010. At the
conclusion of the AR’s investigation,
Mr. Collado requested settlement
negotiations with the Commission’s
Bureau of Enforcement (BOE). However,
negotiations with BOE terminated
unsuccessfully.
Section 19 of the Shipping Act of
1984, 46 U.S.C. 40901, provides that the
Commission shall issue an OTI license
only to persons that it 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. Based on a finding
that the applicant did not possess the
necessary character, BCL issued its
determination on November 17, 2011
advising Mr. Collado of the intention to
deny OC’s application.
Pursuant to Mr. Collado’s request for
hearing, the Commission must
determine whether BCL’s determination
to deny the OTI license application
should now be upheld. That decision is
factually related to the alleged
violations by Mr. Collado, OMJ and OC.
Given the common set of facts relating
to Mr. Collado’s, OMJ’s and OC’s past
(and current) OTI operations, findings
upon which the Commission may both
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analyze BCL’s denial of the OTI
application and BOE’s allegations of
Shipping Act violations, a combined
proceeding would provide an efficient
process.
Now therefore, it is ordered That,
pursuant to sections 11 and 19 of the
Shipping Act of 1984, 46 U.S.C. 40901,
40902, 41302 and 41304, an
adjudicatory proceeding is hereby
instituted to determine:
(1) Whether to affirm BCL’s November
17, 2011 denial of the OTI application
of OC International Freight, Inc. and
Omar Collado;
(2) Whether OC International Freight,
Inc., OMJ International Freight, Inc.
and/or Omar Collado violated Section
10(a)(1) of the Shipping Act, 46 U.S.C.
41102(a), by knowingly and willfully
allowing other persons to obtain ocean
transportation for property at less than
the rates and charges that would
otherwise be applicable through the
device of permitting such persons to
unlawfully access OMJ’s service
contracts;
(3) Whether OC International Freight,
Inc., OMJ International Freight, Inc.
and/or Omar Collado violated section
19(a) and (b) of the Shipping Act, 46
U.S.C. 40901 and 40902, by acting as an
ocean transportation intermediary
without a license or evidence of
financial responsibility;
(4) Whether, in the event violations of
sections 10 or 19 of the Shipping Act are
found, civil penalties should be
assessed against OC International
Freight, Inc., OMJ International Freight,
Inc. and/or Omar Collado, and, if so, the
amount of penalties to be assessed; and
(5) Whether, in the event violations
are found, appropriate cease and desist
orders should be issued.
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 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
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
necessary for the development of an
adequate record;
It is further ordered That, OC
International Freight, Inc., OMJ
International Freight, Inc. and Omar
Collado be made Respondents in this
proceeding;
It is further ordered That the
Commission’s Bureau of Enforcement be
made 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
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
time and place of hearing or prehearing
conference, shall be served on all 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 2 of the
Commission’s Rules of Practice and
Procedure, 46 CFR 502.2, and shall be
served on all 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 April 2, 2013, and the final
decision of the Commission shall be
issued by July 31, 2013.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012–8192 Filed 4–4–12; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL RESERVE SYSTEM
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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
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
VerDate Mar<15>2010
16:20 Apr 04, 2012
Jkt 226001
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 April 20,
2012.
A. Federal Reserve Bank of St. Louis
(Glenda Wilson, Community Affairs
Officer) P.O. Box 442, St. Louis,
Missouri 63166–2034:
1. E. Harvey Seaman III, individually
and as co-trustee of the Revocable Trust
E. Harvey Seaman III U/A 10/21/1998,
the Revocable Trust Tamara J. Seaman
U/A 10/21/1998, and Tamara J.
Seaman, as co-trustee of those trusts, all
of Evansville, Indiana; to acquire voting
shares of First Bancorp of Indiana, Inc.,
and thereby acquire shares of First
Federal Savings Bank, both in
Evansville, Indiana.
B. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Arthur L. Loomis, II, Patricia A.
Loomis, Genevieve E. Loomis, and Julia
P. Loomis, all of Niskayuna, New York;
Frederick S. Loomis, Anne M. Loomis,
and J. Porter Loomis, all of Pratt,
Kansas; Howard K. Loomis, Jr., Karen P.
Loomis, Katherine P. Loomis, Margaret
P. Loomis, and Victoria K. Loomis, all of
Los Gatos, California, as individuals
and/or trustees of the 2011 Arthur L.
Loomis, II Gift Trust, Julia P. Loomis
Revocable Trust, Arthur L. Loomis, II
Revocable Trust, Genevieve E. Loomis
Revocable Trust, all of Niskayuna, New
York; Howard K. Loomis Revocable
Trust, 2010 Howard K. Loomis
Irrevocable Family Trust, Porter Legacy
Trust, Florence Porter Loomis Trust,
2010 Florence Porter Loomis Irrevocable
Family Trust, 2011 Frederick S. Loomis
Gift Trust, 2011 J. Porter Loomis Gift
Trust, all of Pratt, Kansas; 2011 Howard
K. Loomis Jr. Gift Trust, The Loomis
1993 Revocable Trust, both of Los Gatos,
California; and Flopper, L.P., How-Kan,
L.P., and Driftwood, LLC, all of Pratt,
Kansas; and all as members of the
Loomis Family Group, to retain control
of Krey Co. Ltd., and thereby indirectly
to retain control of The Peoples Bank,
both in Pratt, Kansas.
Board of Governors of the Federal Reserve
System, April 2, 2012.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2012–8198 Filed 4–4–12; 8:45 am]
BILLING CODE 6210–01–P
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20635
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
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 April 18,
2012.
A. Federal Reserve Bank of New York
(Ivan Hurwitz, Vice President) 33
Liberty Street, New York, New York
10045–0001:
1. Giannoulias 2011 Checkspring
Trust, Chicago, Illinois and Endy D.
Zemenides, as trustee, to acquire control
of CheckSpring Community
Corporation, and thereby indirectly
acquire control of CheckSpring Bank,
both of Bronx, New York.
B. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Travis Carr, Andover, Kansas, to
retain shares and remain a member of
the Carr Family Group, which controls
Community State Bancshares, Inc., and
thereby control Community Bank of
Wichita, Inc., both in Wichita, Kansas.
Board of Governors of the Federal Reserve
System, March 30, 2012.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2012–8118 Filed 4–4–12; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
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
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]]>Agencies
[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20633-20635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8192]
=======================================================================
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FEDERAL MARITIME COMMISSION
[Docket No. 12-01]
OC International Freight, Inc., OMJ International Freight, Inc.
and Omar Collado; Order for Hearing on Appeal of Denial of License and
Order of Investigation and Hearing; Possible Violations of Sections
10(A)(1) and 19 of the Shipping Act of 1984
I. Appeal of FMC Staff Determination to Deny OTI License
OC International Freight, Inc. (OC) submitted an application on
December 2, 2010, for a license as an Ocean Transportation Intermediary
(OTI) to operate as a Non-Vessel-Operating Common Carrier (NVOCC) and
as an Ocean Freight Forwarder (FF). OC was incorporated on February 27,
2007 in the State of Florida, and OC is currently located at 4458 NW
74th Avenue, Miami, FL, 33166. Omar Collado is identified in the
application as OC's Qualifying Individual, as well as its President,
Secretary and sole owner.
On November 17, 2011, the Bureau of Certification and Licensing
(BCL) issued a Notice of Intent to Deny OC's license
[[Page 20634]]
application in accordance with 46 CFR 515.15. As reflected in BCL's
Notice of Intent, that action stemmed from the results of an
investigation by the Commission's Miami Area Representative (AR)
revealing that the applicant, the applicant's Qualifying Individual and
a predecessor corporation, OMJ International Freight, Inc.,\1\ may have
violated sections 10(a)(1) and 19 of the Shipping Act, 46 U.S.C.
41102(a), 40901-40902. BCL's letter advised that, 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. Based on the AR's
investigation, BCL concluded that OC, and its qualifying individual,
Mr. Collado, lacked the requisite character to be licensed as an OTI.
OC timely requested a hearing on the denial of its license application
under 46 CFR 515.15(c).
---------------------------------------------------------------------------
\1\ OMJ International Freight, Inc. (OMJ) was incorporated on
March 15, 1999, and was licensed as a freight forwarder and NVOCC on
September 13, 2006. Omar Collado serves as the president, Qualifying
Individual and sole owner of OMJ. OMJ's license was automatically
revoked on January 15, 2010 following termination of its OTI bond by
the surety company. See 46 CFR 515.26.
---------------------------------------------------------------------------
II. Investigation of Possible Violations of the Shipping Act
Central to the applicant's request for hearing here, Mr. Collado
challenges whether he, OMJ and/or OC should be found to have violated
the Shipping Act and the Commission's regulations. Specifically, the
AR's investigation asserted that between October 2007 and October 2009,
Mr. Collado and OMJ allowed its foreign-based unbonded OTI counterpart,
Island Cargo Services, to utilize OMJ's service contracts in numerous
instances. Although identified as the NVO on the underlying service
contract with Seaboard Marine, the AR found that Mr. Collado did not
issue an OMJ house bill of lading and never billed the cargo owner for
ocean freight. Rather, Mr. Collado permitted Island Cargo Services to
issue the latter company's house bill. Acting either as OMJ or OC,\2\
Mr. Collado allegedly provided only freight forwarding, warehousing,
trucking and loading services for each of these shipments. On the basis
of those facts, the Commission's Miami AR concluded that Mr. Collado,
OMJ and OC knowingly and willfully violated section 10(a)(1) of the
Shipping Act by allowing other persons to obtain ocean transportation
for property at less than the applicable rates and charges through the
device of permitting such persons to unlawfully access OMJ's service
contracts.
---------------------------------------------------------------------------
\2\ During this same period, OMJ was dissolved as a Florida
corporation, at which time Collado appears to have begun conducting
business, in part, under the OC name, using OC letterhead. Neither
the dissolution of OMJ (a licensed entity) nor the apparent license
transfer from OMJ to OC was reported to BCL. 46 CFR 515.18.
---------------------------------------------------------------------------
For the period following revocation of OMJ's license for failure to
maintain a bond on January 15, 2010, the Miami AR asserted also that
Mr. Collado, OMJ and OC continued to provide ocean freight forwarder
services at a time when they no longer possessed a valid OTI license or
bond. The Miami AR concluded that Mr. Collado, OMJ and OC violated
section 19 by acting as an unlicensed and unbonded OTI on more than 100
occasions beginning on or after January 16, 2010 and continuing through
at least October 26, 2010. At the conclusion of the AR's investigation,
Mr. Collado requested settlement negotiations with the Commission's
Bureau of Enforcement (BOE). However, negotiations with BOE terminated
unsuccessfully.
Section 19 of the Shipping Act of 1984, 46 U.S.C. 40901, provides
that the Commission shall issue an OTI license only to persons that it
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. Based on a finding that the applicant
did not possess the necessary character, BCL issued its determination
on November 17, 2011 advising Mr. Collado of the intention to deny OC's
application.
Pursuant to Mr. Collado's request for hearing, the Commission must
determine whether BCL's determination to deny the OTI license
application should now be upheld. That decision is factually related to
the alleged violations by Mr. Collado, OMJ and OC. Given the common set
of facts relating to Mr. Collado's, OMJ's and OC's past (and current)
OTI operations, findings upon which the Commission may both analyze
BCL's denial of the OTI application and BOE's allegations of Shipping
Act violations, a combined proceeding would provide an efficient
process.
Now therefore, it is ordered That, pursuant to sections 11 and 19
of the Shipping Act of 1984, 46 U.S.C. 40901, 40902, 41302 and 41304,
an adjudicatory proceeding is hereby instituted to determine:
(1) Whether to affirm BCL's November 17, 2011 denial of the OTI
application of OC International Freight, Inc. and Omar Collado;
(2) Whether OC International Freight, Inc., OMJ International
Freight, Inc. and/or Omar Collado violated Section 10(a)(1) of the
Shipping Act, 46 U.S.C. 41102(a), by knowingly and willfully allowing
other persons to obtain ocean transportation for property at less than
the rates and charges that would otherwise be applicable through the
device of permitting such persons to unlawfully access OMJ's service
contracts;
(3) Whether OC International Freight, Inc., OMJ International
Freight, Inc. and/or Omar Collado violated section 19(a) and (b) of the
Shipping Act, 46 U.S.C. 40901 and 40902, by acting as an ocean
transportation intermediary without a license or evidence of financial
responsibility;
(4) Whether, in the event violations of sections 10 or 19 of the
Shipping Act are found, civil penalties should be assessed against OC
International Freight, Inc., OMJ International Freight, Inc. and/or
Omar Collado, and, if so, the amount of penalties to be assessed; and
(5) Whether, in the event violations are found, appropriate cease
and desist orders should be issued.
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 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
[[Page 20635]]
necessary for the development of an adequate record;
It is further ordered That, OC International Freight, Inc., OMJ
International Freight, Inc. and Omar Collado be made Respondents in
this proceeding;
It is further ordered That the Commission's Bureau of Enforcement
be made 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 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 time and place of hearing or prehearing
conference, shall be served on all 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 2 of
the Commission's Rules of Practice and Procedure, 46 CFR 502.2, and
shall be served on all 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 April 2, 2013, and the
final decision of the Commission shall be issued by July 31, 2013.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012-8192 Filed 4-4-12; 8:45 am]
BILLING CODE 6730-01-P
