Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 6397 

1Respondent Ipsen was not included in the 

caption block of the complaint as filed, but was 

listed as a Respondent within the text of the 

complaint. As such, Respondent Ipsen has been 

added to the caption in this Notice. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than February 

24, 2010. 

A. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. Capital Z Partners III GP, LTD; 

Capital Z Partners III GP, L.P., both of 

George Town, Cayman Islands; Capital 

Z Partners Management, LLC, Dover, 

Delaware; Capital Z Partners III, L.P., 

George Town, Cayman Islands; and 

Bradley E. Cooper, and Robert A. Spass, 

both of New York, New York, as 

principals, to acquire at voting shares of 

Opportunity Bancshares, Inc., 

Bettendorf, Iowa, and thereby indirectly 

acquire voting shares of Opportunity 

Bank, N.A., Richardson, Texas. 

Board of Governors of the Federal Reserve 

System, February 4, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–2755 Filed 2–8–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on the agreements to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of the 

agreements are available through the 

Commission’s Web site (http:// 

www.fmc.gov) or by contacting the 

Office of Agreements at (202)–523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 011346–019. 

Title: Israel Trade Conference 

Agreement. 

Parties: A.P. Moller-Maersk A/S; 

Maersk Line Limited; and Zim 

Integrated Shipping Services, Ltd. 

Filing Party: Howard A. Levy, Esq.; 

Chairman; Israel Trade Conference; 80 

Wall Street, Suite 1117; New York, NY 

10005–3602. 

Synopsis: The amendment adds 

American President Lines, Ltd. as a 

party to the agreement. 

Agreement No.: 011443–005. 

Title: Space Charter and Cooperative 

Working Agreement Between NYK and 

WWL. 

Parties: Nippon Yusen Kaisha and 

Wallenius Wilhelmsen Lines AS. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW.; Suite 900; Washington, DC 20036. 

Synopsis: The amendment deletes 

rate-discussion authority and revises the 

delegation of authority under the 

agreement. 

Agreement No.: 201205. 

Title: North American Maritime 

Services Cooperative Working 

Agreement. 

Parties: Ceres Terminals Incorporated; 

International Transportation Service, 

Inc.; Marinus Consulting, Inc.; and 

North American Maritime Services, 

LLC. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher and Blackwell LLP; 1850 M Street, 

NW.; Suite 900; Washington, DC 20036. 

Synopsis: The agreement would 

authorize the parties to form and 

manage a joint venture limited liability 

company to provide stevedoring and 

other services for the loading and 

unloading of roll-on/roll-off and other 

cargoes at ports in the United States and 

in other countries. 

Dated: February 4, 2010. 

By Order of the Federal Maritime 

Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–2820 Filed 2–8–10; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

[Docket No. 10–01] 

AMC USA, Inc. v. International First 

Service S.A. a/k/a IFS S.A, its Agents, 

Affiliated, Related and Partner 

Companies, and International First 

Service Argentina a/k/a AR–IFS, its 

Agents, Affiliated, Related and Partner 

Companies, and International First 

Service USA, Inc. a/k/a IFS USA, Inc. d/ 

b/a Global Wine Logistics USA Inc. a/ 

k/a GWL USA, Inc., and Global Wine 

Logistics USA Inc. a/k/a GWL USA, 

Inc., and Anita Mcneil and Ipsen 

Logistics GmbH; Notice of Complaint 

and Assignment 

Notice is given that a complaint has 

been filed with the Federal Maritime 

Commission (‘‘Commission’’) by AMC 

USA, Inc. (‘‘AMC’’), hereinafter 

‘‘Complainant,’’ against International 

First Service S.A. a/k/a IFS S.A (‘‘IFS 

S.A.’’); International First Service USA, 

Inc. a/k/a IFS USA, Inc. (‘‘IFS USA’’) d/ 

b/a/Global Wine Logistics USA Inc. a/k/ 

a GWL USA, Inc. (‘‘GWL USA’’); Global 

Wine Logistics USA Inc. a/k/a GWL 

USA, Inc. (‘‘GWL USA’’); Anita McNeil; 

International First Service Argentina a/ 

k/a AR–IFS (‘‘AR–IFS’’); and Ipsen 

Logistics GmbH (‘‘Ipsen’’) 1, hereinafter 

‘‘Respondents’’. Complainant asserts that 

it is a licensed non-vessel operating 

common carrier incorporated in New 

Jersey and registered in New York. 

Complainant alleges that Respondent 

IFS S.A., is an unlicensed non-US-based 

ocean transportation intermediary/nonvessel operating common carrier. 

Complainant alleges that Respondents 

IFS USA and GWL USA, are 

incorporated in Delaware and are 

holding themselves out to the public as 

providers of transportation services, and 

have assumed responsibility for 

transportation. Complainant alleges that 

Respondent ANITA MCNEIL is the 

President of IFS USA and GWL USA 

and formerly Executive Vice President 

of Complainant, AMC. Respondent 

Ipsen is incorporated in Bremen, 

Germany and is a partner company to 

IFS S.A. Respondent AR–IFS., is 

affiliated with IFS USA and located in 

Buenos Aires, Argentina. 

Complainant asserts that Respondents 

violated the Shipping Act of 1984 by: (1) 

Failing to keep open to the public in an 

automated tariff system, tariffs showing 

all rates, charges, classifications, rules, 

and practices between all points and 

ports on its route and on any through 

transportation that has been established; 

(2) failing to file with the Commission 

the service contracts entered into with 

vessel operating common carriers; (3) 

engaging in a ‘‘willful and deliberate 

fraudulent scheme to steal customers, 

employees and proprietary information’’ 

from Complainant in order to gain an 

unfair business advantage and/or in 

order to provide ocean transportation 

for property for less than the rates and/ 

or charges that would otherwise have 

applied; (4) operating under agreements 

that were required to be filed under the 

Shipping Act that were not effective 

under Act; (5) working together to allow 

parties to obtain transportation for 

property at less than the rates or charges 

that would have applied by unjust and 

unfair means; (6) failing to establish, 

observe and enforce just and reasonable 

regulations and practices relating to or 

connected with receiving, handling, and 

delivering property; and (7) knowingly 

and willfully accepting cargo for the 

account of an ocean transportation 

intermediary that does not have a tariff 

and a bond, insurance or other surety. 

46 U.S.C. 40501(a), 40502(b)(1), 41102, 


Cprice-sewell on DSK2BSOYB1PROD with NOTICES
6398 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 

2Complainant cites to ‘‘§ 10(b)(2)(11)’’ which does 

not exist, but quotes the language contained in 

§ 10(b)(11), 46 U.S.C. 41104(11). 

41104(1) and 41104(11).2 Finally, 

complainant also alleges that 

Respondents ‘‘acted as ocean 

transportation intermediaries in the 

United States without a license’’ in 

violation of the Shipping Act and the 

Commission’s regulations. 46 U.S.C. 

40901, and 46 CFR 515.3 and 520. 

Complainant asserts that as a direct 

result of Respondent’s violations of the 

Shipping Act, Complainant has had 

‘‘injury involving customer relations, its 

reputation in the industry and has been 

forced to take legal action.’’ Complainant 

requests the Commission ‘‘deny FMC 

OTI licenses based upon unsuitable 

character and violations of the Shipping 

Act as described herein’’; and order 

Respondents to cease and desist from 

the above described violations of the 

Shipping Act.’’ Complainant requests 

that the Commission award reparations 

to Complainant in a sum of no less than 

$283,918.95, plus reasonable attorney’s 

fees, interests and costs; that 

Respondents pay any other damages 

that may be determined proper; and that 

the Commission impose any other relief 

as the Commission determines to be 

proper, fair, and just. 

This proceeding has been assigned to 

the Office of Administrative Law Judges. 

Hearing in this matter, if any is held, 

shall commence within the time 

limitations prescribed in 46 CFR 502.61, 

and only after consideration has been 

given by the parties and the presiding 

officer to the use of alternative forms of 

dispute resolution. The hearing shall 

include oral testimony and crossexamination in the discretion of the 

presiding officer only upon 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 matter in issue is such 

that an oral hearing and crossexamination are necessary for the 

development of an adequate record. 

Pursuant to the further terms of 46 CFR 

502.61, the initial decision of the 

presiding officer in this proceeding shall 

be issued by February 4, 2011 and the 

final decision of the Commission shall 

be issued by June 6, 2011. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–2818 Filed 2–8–10; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Applicants 

Notice is hereby given that the 

following applicants have filed with the 

Federal Maritime Commission an 

application for license as a Non-VesselOperating Common Carrier and Ocean 

Freight Forwarder—Ocean 

Transportation Intermediary pursuant to 

section 19 of the Shipping Act of 1984 

as amended (46 U.S.C. Chapter 409 and 

46 CFR 515). 

Persons knowing of any reason why 

the following applicants should not 

receive a license are requested to 

contact the Office of Transportation 

Intermediaries, Federal Maritime 

Commission, Washington, DC 20573. 

Non-Vessel-Operating Common 

Carrier—Ocean Transportation 

Intermediary 

Falcon Containerline LLC, 257 

William Street, Piscataway, NJ 

08854, Officers, Bilal B. Nasir, 

President, (Qualifying Individual), 

Nasir Amin, Secretary/Managing 

Director. 

Non-Vessel-Operating Common Carrier 

and Ocean Freight Forwarder 

Transportation Intermediary 

Applicants 

Best Way Logistics Corp., 901 SW. 

98th Terrace, Pembroke Pines, FL 

33025, Officers, Christopher J. 

Bouscher, President/Secretary, 

(Qualifying Individual), Gavin 

Bouscher, Vice President. 

H.A.B. International, Inc., 8601 NW. 

68th Street, Miami, FL 33166, 

Officers, Harold A. Beharry, 

President, (Qualifying Individual), 

Brehaspati Beharry, Vice President. 

Guardian International, Inc., 3728 

Lake Avenue, Ft. Wayne, IN 46805, 

Officers, Tonya R. Watson, Vice 

President, (Qualifying Individual), 

Sabah A. Qiyas, President. 

D.J. Powers Company, Inc., 5000 

Business Center Drive, Suite 1000, 

Savannah, GA 31405, Officers, 

Rhett N. Willis, President/CEO, 

(Qualifying Individual), Richard E. 

Carter, Chairman. 

H T International Inc., 281 E. 

Redondo Beach Blvd., Gardena, CA 

90248, Officers, Alessandro E. 

Bernardini, Sales Manager, 

(Qualifying Individual), Glenda 

Valdez, President/Corporate 

Secretary. 

Non-Vessel-Operating Common Carrier 

and Ocean Freight Forwarder 

Transportation Intermediary 

Applicants (Cont’d): 

Vortex Worldwide Logistics Corp., 

10125 NW. 116th Way, #10, Miami, 

FL 33178, Officers, Christian M. 

Ollino, President/Secretary, 

(Qualifying Individual), Lisette A. 

Ollino, Vice President. 

Coltrans (USA), Inc., 10925 NW. 27th 

Street, #102, Miami, FL 33172, 

Officers, Jan Gerdes, Vice President, 

(Qualifying Individual), Jochen 

Raute, President. 

U.S.G.A. Logistic, Inc., 16206 Aldine 

Westfield Road, Houston, TX 

77032, Officers, Frederic Lalou, 

COO, (Qualifying Individual), Jean 

Jacques Lalou, CEO. 

Geevee Enterprises Inc. dba Aerosend, 

245 W. Roosevelt Road, Building 

12, Unit 90, West Chicago, IL 

60185, Officers, Charity Marbella, 

Executive Vice President, 

(Qualifying Individual), Gil 

Valenzuela, President. 

Dapex Inc., 83–77 Woodhaven Blvd., 

Suite 1D, Woodhaven, NY 11421, 

Officer; David Dvinov, President/ 

Secretary, (Qualifying Individual). 

Non-Vessel-Operating Common Carrier 

and Ocean Freight Forwarder 

Transportation Intermediary 

Applicants (Cont’d) 

FSS Global Logistics Limited Liability 

Company, 40 Newport Parkway, 

Suite 1006, Jersey City, NJ 07310, 

Officers, Shafeik Bacchus, Manager, 

(Qualifying Individual), Sathya 

Prakash Santhanam, Chief 

Operating Officer. 

Dated: February 4, 2010. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–2819 Filed 2–8–10; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; HIT 

Policy Committee’s Adoption/ 

Certification Workgroup Meeting; 

Notice of Meeting 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of meeting. 

This notice announces a forthcoming 

subcommittee meeting of a federal 

advisory committee of the Office of the 

National Coordinator for Health 

Information Technology (ONC). The 

meeting will be open to the public. 

Name of Committee: HIT Policy 

Committee’s Adoption/Certification 

Workgroup. 

General Function of the Committee: To 

provide recommendations to the National 


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