[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43638-43639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15176]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-02]


 Order of Investigation and Hearing; Anderson International 
Transport and Owen Anderson--Possible Violations of Sections 8(a) and 
19 of the Shipping Act of 1984

Anderson International Transport and Owen Anderson

    Anderson International Transport (``AIT'') is located at 9045 
Knight Road, Houston, Texas. Other business addresses listed on AIT's 
bills of lading are 4939 West Orem, Suite 4 & 6,

[[Page 43639]]

Houston, Texas and 14023 South Post Oak Road, Houston, Texas. AIT is 
owned by Owen Anderson (``Mr. Anderson''). An assumed name certificate 
for Anderson International Transport, 4939 West Orem Drive, Houston, 
Texas was filed by Mr. Anderson on February 18, 2005, in Harris County, 
Texas. AIT is not incorporated.
    Based on evidence available to the Commission, it appears that Mr. 
Anderson and AIT have knowingly and willfully provided transportation 
services as a non-vessel operating common carrier (``NVOCC'') in the 
United States 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. It appears that Mr. Anderson and AIT have originated 
a minimum of fifteen ocean export shipments during the period January 
5, 2005 through October 19, 2006.
    Section 8(a) of the 1984 Act, 46 U.S.C. 40501, requires an NVOCC to 
maintain open to public inspection in an automated tariff system, 
tariffs showing its ``rates, charges, classifications, rule, 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. Section 19 of the 1984 
Act, 46 U.S.C. 40901 and 40902, prohibits any person from acting as an 
OTI \1\ in the United States 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 
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.
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    \1.\ An ocean transportation intermediary is defined by section 
3(17) of the 1984 Act, 46 U.S.C. 40102(17), as either a freight 
forwarder or a non-vessel-operating common carrier.
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    Furthermore, pursuant to section 13 of the 1984 Act, 46 U.S.C. 
41107, 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, an investigation is instituted to determine:
    (1) Whether Owen Anderson and Anderson International Transport 
violated section 8 of the 1984 Act and the Commission's regulations at 
46 CFR Part 520 by operating as an NVOCC without publishing tariffs 
showing rates and charges;
    (2) whether Owen Anderson and Anderson International Transport 
violated sections 19(a) and (b) of the 1984 Act and the Commission's 
regulations at 46 CFR Part 515 by operating as an OTI in the U.S. 
foreign trades without obtaining a license from the Commission and 
without providing proof of financial responsibility in the form of 
surety bonds;
    (3) whether, in the event one or more violations of the 1984 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 Owen Anderson and Anderson 
International Transport;
    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 Owen Anderson and Anderson 
International Transport 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, 
include 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
    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 March 21, 2008 and the 
final decision of the Commission shall be issued by July 21, 2008.

    By the Commission.
Bryant L. VanBrakle,
Secretary.
 [FR Doc. E7-15176 Filed 8-3-07; 8:45 am]
BILLING CODE 6730-01-P