[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Notices]
[Page 43639-43641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-50]
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FEDERAL MARITIME COMMISSION
[Docket No. 07-07]
Order of Investigation and Hearing; Embarque Puerto Plata, Corp.
and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo
Shipping Corp. and Julio Mateo--Possible Violations of Sections 8(a)
and 19 of the Shipping Act of 1984 and the Commission's Regulations at
46 CFR Parts 515 and 520
Embarque Puerto Plata, Corp. was incorporated in the State of New
York on November 17, 1992, and subsequently dissolved by proclamation.
Embarque Puerto Plata Inc. was incorporated in the State of New York on
April 28, 2005. Embarque Puerto Plata, Corp. and Embarque Puerto Plata
Inc. (``Embarque'') listed its office address as 1426 Cromwell Avenue,
Bronx, New York 10451. Recent indications, however, are that Embarque
is currently operating at 381
[[Page 43640]]
East 169th Street, Bronx, New York 10456 by utilizing the different
business names of Embarque Shipping and Embarque El Millon Corp. The
principals of Embarque are Estebaldo Garcia and Hayda Garcia. Based on
evidence available to the Commission, it appears that Embarque and
Estebaldo Garcia have knowingly and willfully provided transportation
services as a non-vessel operating common carrier (``NVOCC'') in the
United States from at least May 2005 to the present without obtaining
an ocean transportation intermediary (``OTI'') license from the
Commission, without providing proof of financial responsibility, and
without publishing a tariff showing its rates and charges.
Ocean Sea Line,\1\ located at 146 West 170th Street, Bronx, New
York 10452 was incorporated in New York on November 1, 2000 and
dissolved by proclamation on June 30, 2004. Maritza Gil indicated in
correspondence with the Commission that she is the president of Ocean
Sea Line and owns 100% of the company stock. From at least September
2003 to the present, it appears Ocean Sea Line knowingly and willfully
provided ocean transportation services as a freight forwarder with
respect to numerous shipments without obtaining an OTI license from the
Commission and without providing proof of financial responsibility.
Since Ocean Sea Line is no longer a valid New York corporation, Ms. Gil
appears to be operating Ocean Sea Line as a sole proprietorship.
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\1\ The company is listed as Ocean SeaLine in New York State
corporate records.
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Mateo Shipping, Corp. (``Mateo Shipping'') was incorporated in the
State of New York on July 12, 2004. The business office of Mateo
Shipping is located at 1441 Ogden Avenue, Bronx, New York 10452. In
correspondence with the Commission, Julio Mateo represented himself to
be the President of Mateo Shipping, as well as owner of 50% of the
capital stock. Based on evidence available to the Commission, it
appears that Mateo Shipping and Julio Mateo have knowingly and
willfully provided transportation services as an NVOCC from at least
October, 2005 through the present without obtaining an OTI license,
without providing proof of financial responsibility and without
publishing a tariff showing its rates and charges.
Section 8(a) of the 1984 Act, 46 U.S.C. 40501(a), requires an NVOCC
to maintain open to public inspection in an automated tariff system,
tariffs showing its ``rates, charges, classifications, rules, and
practices.'' The Commission's regulations at 46 CFR 520.3 affirm this
statutory requirement by directing each NVOCC to notify the Commission,
prior to providing transportation services, of the location and
publisher of its tariffs by filing Form FMC-1.
Furthermore, section 19(a) of the 1984 Act states that no person in
the United States may act as an ocean transportation intermediary
unless that person holds a license issued by the Commission. 46 U.S.C.
40901. Section 19(b)(1) of the 1984 Act further requires all persons
acting as ocean transportation intermediaries to furnish a bond, proof
of insurance, or other surety in a form and amount determined by the
Commission to insure financial responsibility. 46 U.S.C. 40902. The
Commission's regulations at 46 CFR 515.21 restate this obligation and
mandate that the bond, proof of insurance, or other surety evidencing
the financial responsibility of an OTI shall be in the amount of
$50,000 for freight forwarders and $75,000 for NVOCCs.
Pursuant to section 13 of the 1984 Act, 46 U.S.C. 41107(a), a party
is subject to a civil penalty of not more than $30,000 for each
violation knowingly and willfully committed, and not more than $6,000
for other violations.\2\ Each shipment is a separate violation.
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\2\ These penalty amounts reflect an adjustment for inflation
pursuant to the Commission's regulations at 46 CFR part 506.
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Now therefore, it is ordered, That pursuant to section 11(c) of the
1984 Act, 46 U.S.C. 41302(a), an investigation is instituted to
determine:
(1) Whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata
Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo
Garcia, Mateo Shipping, and Julio Mateo violated section 8 of the Act
and the Commission's regulations at 46 CFR 520 by operating as NVOCCs
without publishing tariffs showing their rates and charges;
(2) whether Embarque Puerto Plata, Corp. and Embarque Puerto Plata
Inc. d/b/a Embarque Shipping and Embarque El Millon Corp., Estebaldo
Garcia, Ocean Sea Line, Maritza Gil, Mateo Shipping, and Julio Mateo
violated sections 19(a) and (b) of the 1984 Act and the Commission's
regulations at 46 CFR Part 515 by operating as OTIs in the United
States trades without obtaining licenses from the Commission and
without providing proof of financial responsibility;
(3) whether, in the event one or more violations of the Act or the
Commission's regulations are found, civil penalties should be assessed
and, if so, the amount of the penalties to be assessed; and
(4) whether, in the event violations are found, appropriate cease
and desist orders should be issued against Embarque Puerto Plata, Corp.
and Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo
Shipping, and Julio Mateo;
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 at a date and place to be hereafter determined by the
Administrative Law Judge 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 necessary for the development
of an adequate record;
It is further ordered, That Embarque Puerto Plata, Corp. and
Embarque Puerto Plata Inc. d/b/a Embarque Shipping and Embarque El
Millon Corp., Estebaldo Garcia, Ocean Sea Line, Maritza Gil, Mateo
Shipping and Julio Mateo are designated as Respondents in this
proceeding;
It is further ordered, That the Commission's Bureau of Enforcement
is designated 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 the 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 this Commission in this proceeding,
including notice of the time and place of hearing or prehearing
conference, shall be served on the parties of record;
[[Page 43641]]
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 118
of the Commission's Rules of Practice and Procedure, 46 CFR 502.118,
and shall be served on 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 July 30, 2008 and the
final decision of the Commission shall be issued by December 1, 2008.
By the Commission
Bryant L. VanBrakle,
Secretary.
[FR Doc. E7-15177 Filed 8-3-07; 8:45 am]
BILLING CODE 6730-01-P