[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56147-56149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8196]


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FEDERAL MARITIME COMMISSION

[Docket No. 06-09]


Parks International Shipping, Inc., et al., Order of 
Investigation and Hearing

    Parks International Shipping, Inc. (``Parks'') was incorporated in 
the State of New York on July 28, 1999, and is presently located at 
3008/3010 Eastchester Road, Bronx, New York 10469. Parks also has a 
second location at 4755 White Plains Road, Bronx, NY 10470. Ainsley 
Lewis a.k.a. Jim Parks (``Ainsley Lewis'') occupies the position of 
President. Cargo Express International Shipping, Inc. (``Cargo 
Express'') is similarly located at 3010 Eastchester Road, Bronx, New 
York 10469 and was incorporated in New York State on January 23, 2003. 
Based upon available information, Ainsley Lewis appears to be involved 
in the operation of Cargo Express. Bronx Barrels & Shipping Supplies 
Shipping Center Inc. (``Bronx Barrels'') was incorporated in the State 
of New York on November 11, 2005. Its primary location is at 4755A 
White Plains Road, Bronx, New York 10470. Bronx Barrels also has a 
second location at 3008 Eastchester Road, Bronx, New York, 10469. Based 
upon available information, Ainsley Lewis also appears to be involved 
in the operation of Bronx Barrels. Parks, Cargo Express, and Bronx 
Barrels appear to be ocean transportation intermediaries (``OTIs'')

[[Page 56148]]

operating as unlicensed, unbonded, and untariffed non-vessel-operating 
common carriers (``NVOCCs'') primarily in the trade between the United 
States and various Caribbean, Central American, and South American 
destinations.
    Based on evidence available to the Commission, it appears that 
Parks has knowingly and willfully provided transportation services as 
an NVOCC with respect to shipments during 2001, 2002, 2004, and 2005 
without obtaining an OTI license from the Commission and without 
providing proof of financial responsibility. Moreover, it appears that 
Parks knowingly and willfully operated as a common carrier without 
publishing a tariff showing all of its active rates and charges. Cargo 
Express also appears to have knowingly and willfully provided 
transportation services as an NVOCC without obtaining an OTI license 
from the Commission and without providing proof of financial 
responsibility with respect to shipments commencing in 2004. It further 
appears that Cargo Express knowingly and willfully operated as a common 
carrier without publishing a tariff showing all of its active rates and 
charges. Bronx Barrels likewise appears to be knowingly and willfully 
holding itself out to provide transportation services as an NVOCC 
without obtaining an OTI license from the Commission and without 
providing proof of financial responsibility in the form of a surety 
bond. Additionally, Bronx Barrels appears to have been knowingly and 
willfully operating as a common carrier without publishing a tariff 
showing all of its active rates and charges. Finally, Ainsley Lewis, 
individually and through Parks, Cargo Express, and Bronx Barrels, 
appears to have been providing OTI services in 2001, 2002, 2004, 2005, 
and 2006 without publishing a tariff, obtaining an OTI license from the 
Commission, and providing proof of financial responsibility.
    Section 19 of the Shipping Act of 1984 (1984 Act), 46 U.S.C. app. 
1718, prohibits any person from providing OTI \1\ services prior to 
being issued a license from the Commission and obtaining a valid bond, 
proof of insurance, or other surety in a form and amount determined by 
the Commission to ensure financial responsibility. The Commission's 
regulations at 46 CFR 515.21 support this obligation by requiring any 
person operating as an OTI/NVOCC in the United States to provide 
evidence of financial responsibility in the amount of $75,000. 
Furthermore, section 8(a) of the 1984 Act, 46 U.S.C. app. 1707(a), 
requires NVOCCs to publish (open to public inspection in an automated 
tariff system) tariffs showing all their active rates, charges, 
classifications, 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, as 
to the location of its tariffs, as well as the publisher used to 
maintain those tariffs by filing a Form FMC-1. Pursuant to section 13 
of the 1984 Act, 46 U.S.C. app. 1712, 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\
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    \1\ According to section 3(17) of the 1984 Act, 46 U.S.C. app. 
1702(17), an ocean transportation intermediary is defined as either 
a freight forwarder or a non-vessel-operating common carrier.
    \2\ This penalty amount reflects 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 sections 8, 11, 13, 
and 19 of the 1984 Act, 46 U.S.C. app. 1707, 1710, 1712, and 1718, an 
investigation is instituted to determine:
    (1) Whether Parks International Shipping, Inc., Cargo Express 
International Shipping, Inc., Bronx Barrels & Shipping Supplies 
Shipping Center, Inc., and/or Ainsley Lewis a.k.a. Jim Parks violated 
section 8(a) of the 1984 Act and the Commission's regulations at 46 CFR 
part 520 by operating as common carriers without publishing tariffs 
showing all of their active rates and charges;
    (2) Whether Parks International Shipping, Inc., Cargo Express 
International Shipping, Inc., Bronx Barrels & Shipping Supplies 
Shipping Center Inc., and/or Ainsley Lewis a.k.a. Jim Parks violated 
section 19 of the 1984 Act and the Commission's regulations at 46 CFR 
part 515 by operating as non-vessel-operating common carriers in the 
U.S. trades without obtaining licenses from the Commission and without 
providing proof of financial responsibility;
    (3) Whether, in the event violations of sections 8(a) and 19 of the 
1984 Act and/or 46 CFR Parts 515 and 520 are found, civil penalties 
should be assessed against Parks International Shipping, Inc., Cargo 
Express International Shipping, Inc., Bronx Barrels & Shipping Supplies 
Shipping Center Inc., and/or Ainsley Lewis a.k.a. Jim Parks 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 Parks International 
Shipping, Inc., Cargo Express International Shipping, Inc., Bronx 
Barrels & Shipping Supplies Shipping Center Inc., and/or Ainsley Lewis 
a.k.a. Jim Parks.
    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 Parks International Shipping, Inc., 
Cargo Express International Shipping, Inc., Bronx Barrels & Shipping 
Supplies Shipping Center Inc., and Ainsley Lewis a.k.a. Jim Parks 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 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

[[Page 56149]]

    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 September 19, 2007 and 
the final decision of the Commission shall be issued by January 17, 
2008.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 06-8196 Filed 9-25-06; 8:45 am]
BILLING CODE 6730-01-P