[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Notices]
[Pages 50109-50110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17147]


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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