[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Notices]
[Page 50109-50110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-35]
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FEDERAL MARITIME COMMISSION
[Docket No. 07-09]
Jamteck International Shipping Inc., and Angella Barnett-Walker--
Possible Violations of the Commission's Regulations at 46 CFR Part 515;
Order of Investigation and Hearing
Jamteck International Shipping Inc. (``Jamteck'') was incorporated
in the State of New York on June 24, 2005, and is presently located at
4633 Richardson Avenue in Bronx, New York 10470. Since February 26,
2007, Jamteck has operated as an ocean transportation intermediary
(``OTI'') pursuant to FMC License No. 020155N. According to a review of
records maintained by the Commission's Bureau of Certification and
Licensing (``BCL''), the principals of the firm are identified as
Angella Barnett-Walker, its President and Qualifying Individual, and
Donald Barnett, its Vice President.
Jamteck filed its Form FMC-18 with the Commission on March 27,
2006. In response to questions on the application regarding her
employment history as Qualifying Individual, Ms. Barnett-Walker claimed
to have worked for two employers over a period of four (4) years from
2000 through 2004.
It has come to the attention of the Commission that Ms. Barnett-
Walker appears to have misrepresented her OTI experience on Jamteck's
license application. Information provided by representatives of both
employers indicates that Ms. Barnett-Walker does not have three (3)
years of OTI experience as required by the Commission's regulations at
46 CFR 515.11(a). In addition to a lack of the requisite OTI experience
of three (3) years, it appears that, in applying for its OTI license,
Jamteck and Ms. Barnett-Walker made materially false or misleading
statements to the Commission with regard to Ms. Barnett-Walker's
previous OTI experience and subsequently failed to correct such
omissions.
Section 19 of the Shipping Act of 1984 (``1984 Act''), 46 U.S.C.
40901(a), provides that any person in the United States acting as an
OTI \1\ must hold a license issued by the Commission. The Commission's
regulations at 46 CFR 515.11(a) state that, to be eligible for a
license, an applicant must demonstrate that ``[i]t possesses the
necessary experience, that is, its qualifying individual has a minimum
of three (3) years experience in ocean transportation intermediary
activities in the United States, and the necessary character to render
ocean transportation intermediary services.''
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\1\ According to section 3(17) of the 1984 Act, 46 U.S.C. 40102,
an ocean transportation intermediary is defined as either a freight
forwarder or a non-vessel-operating common carrier.
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Section 19(c) of the 1984 Act, 46 U.S.C. 40903, further provides
that the Commission:
shall, after notice and hearing, suspend or revoke a license if it
finds that the ocean transportation intermediary is not qualified to
render intermediary services or that it willfully failed to comply
with a provision of this Act or with a lawful order, rule, or
regulation of the Commission.
The Commission's implementing regulations at 46 CFR Part 515 provide
that a license may be revoked or suspended for any of the following
reasons:
(1) Violation of any provision of the Act, or any other statute
or Commission order or regulation related to carrying on the
business of an ocean transportation intermediary;
(2) Failure to respond to any lawful order or inquiry by the
Commission;
(3) Making a materially false or misleading statement to the
Commission in connection with an application for a license or an
amendment to an existing licensed;
(4) Where the Commission determines that the licensee is not
qualified to render intermediary services; or
(5) Failure to honor the licensee's financial obligations to the
Commission.
46 CFR 515.16(a). These latter regulatory provisions largely iterate
the obligation imposed by the statute that each applicant for a license
must initially be qualified by ``experience and character'' in order to
act as an ocean transportation intermediary, and must continuously
maintain such qualifications of integrity, good character, technical
OTI expertise and financial responsibility thereafter as a condition of
license retention.
Now therefore, it is ordered, that pursuant to sections 11 and 19
of the 1984 Act, 46 U.S.C. 41301(a)-41307 and 40901(a), an
investigation is instituted to determine:
(1) Whether Jamteck International Shipping Inc. and Angella
Barnett-Walker violated the Commission's regulations at 46 CFR Part 515
by submitting materially false or misleading information to the
Commission on the OTI license application of Jamteck International
Shipping Inc., and whether such licensee is qualified to render
licensed OTI services;
(2) whether the Ocean Transportation Intermediary license, No.
020155N, of Jamteck International Shipping Inc. should be suspended or
revoked pursuant to section 19 of the 1984 Act; and
(3) whether, in the event violations are found, appropriate cease
and desist orders should be issued against Jamteck International
Shipping Inc. and Angella Barnett-Walker.
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 Jamteck International Shipping Inc. and
Angella Barnett-Walker 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 the Commission in this proceeding,
including notice of the
[[Page 50110]]
time and place of hearing or prehearing conference, shall be served on
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 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 August 25, 2008, and
the final decision of the Commission shall be issued by December 22,
2008.
By the Commission.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E7-17147 Filed 8-29-07; 8:45 am]
BILLING CODE 6730-01-P