[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22576-22577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9099]


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FEDERAL MARITIME COMMISSION

[Docket No. 12-04]


Possible Revocation of Ocean Transportation Intermediary License 
No. 021899--Trans World Logistics Corporation; Order To Show Cause

    Trans World Logistics Corporation (Trans World Logistics) is an 
Indiana corporation, incorporated in October 2006. Records maintained 
by the Commission's Bureau of Certification and Licensing (BCL) 
indicate that Trans World Logistics maintains its principal offices at 
702 Penny Lane, Plainfield, Indiana. BCL records identify the 
principals of the firm as Malene Sorensen, Vice President and Satinder 
Kaur, President, Treasurer and CEO. Trans World Logistics has been 
licensed to operate as an ocean transportation intermediary (OTI) 
pursuant to FMC license No. 021899 since December 2008.
    Trans World Logistics was licensed on the basis of the 
qualifications of Ms. Sorensen, an officer of the company and its 
approved Qualifying Individual (QI). Based on information obtained in 
the course of a routine OTI compliance audit conducted by the 
Commission's Bureau of Enforcement (BOE), it appears that the QI 
resigned her position as an officer on November 3, 2010. According to 
BCL's records, the licensee has not notified the Commission of the QI's 
resignation or sought approval of a replacement QI. The Commission's 
OTI regulations require that when, as here, a corporation has been 
licensed on the basis of the qualifications of an officer of the 
company and that individual no longer serves in a full-time and active 
capacity, the licensee must report such change to the Commission within 
30 days and within that time period seek Commission approval of any 
other active officer who may qualify the licensee. 46 CFR 515.18(c). It 
appears that Trans World Logistics has violated and continues to be in 
violation of this requirement.
    In addition, as part of its OTI compliance audit of Trans World 
Logistics, BOE sent repeated requests to the company between June and 
November, 2011, seeking current information about its OTI business. 
Such requests were sent to the addresses contained in BCL's records as 
well as additional addresses for the firm's principals located through 
research conducted by staff. Despite BOE's efforts to communicate with 
the licensee in order to obtain information about its OTI business, 
Trans World Logistics has repeatedly failed to reply to such requests. 
The Commission regulations require a licensee to promptly respond to 
lawful inquiries from any authorized representative of the Commission. 
46 CFR 515.31(g). It appears that Trans World Logistics also continues 
to be in violation of this requirement.
    Section 19(c) of the Shipping Act, 46 U.S.C. 40903 (a), provides 
that the Commission:

* * * after notice and opportunity for hearing, shall suspend or 
revoke an ocean transportation intermediary's license if the 
Commission finds that the ocean transportation intermediary--(1) is 
not qualified to provide intermediary services; or (2) that it 
willfully failed to comply with a provision of this part or with an 
order or regulation of the Commission.

As pertinent, the Commission's regulations at 46 CFR 515.16(a) provide 
that an OTI license 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 license;
    (4) Where the Commission determines that the licensee is not 
qualified to render intermediary services;
    (5) Failure to honor the licensee's financial obligations to the 
Commission.
    It appears that Trans World Logistics has violated Commissions 
regulations by failing to notify the Commission of the resignation of 
its QI, failing to seek approval of a replacement, and repeatedly 
failing to respond to lawful inquiries by the Commission with respect 
to its OTI business. Accordingly, it appears that revocation of its 
license is warranted under the Shipping Act.
    Now therefore, it is ordered That pursuant to Sections 11, 14 and 
19 of the Shipping Act of 1984, 46 U.S.C. 41302, 41304, 40903(a)(2), 
Trans World Logistics Corporation is directed to show cause, within 30 
days of publication of this Order in the Federal Register, why the 
Commission should not revoke its license for failure to report the 
resignation of its QI and seek approval of a replacement, as required 
by 46 CFR 515.18; and for failure to reply to lawful inquiries by the 
Commission with respect to its business as required by 46 CFR 
515.31(g).
    It is further ordered That this proceeding be limited to the 
submission of affidavits of fact and memoranda of law;
    It is further ordered That any person having an interest and 
desiring to intervene in this proceeding shall file a petition for 
leave to intervene in accordance with Rule 72 of the Commission's Rules 
of Practice and Procedure, 46 CFR 502.72. Such petition shall be 
accompanied by the petitioner's memorandum of law and affidavit of 
fact, if any, and shall be filed no later than the date fixed below;
    It is further ordered That Trans World Logistics Corporation be 
named as Respondent in this proceeding. Affidavits of fact and 
memoranda of law shall be filed by Respondent and any intervenors in 
support of Respondent no later than May 11, 2012;
    It is further ordered That the Commission's Bureau of Enforcement 
be made a party to this proceeding;
    It is further ordered That reply affidavits and memoranda of law 
shall be filed by BOE and intervenors in support no later than May 29, 
2012;
    It is further ordered That:
    (a) Should any party believe that an evidentiary hearing is 
required, that party must submit a request for such hearing together 
with a statement setting forth in detail the facts to be proved, the 
relevance of those facts to the issues in this proceeding, a 
description of the evidence which would be adduced, and why such 
evidence cannot be submitted by affidavit;
    (b) Any request for evidentiary hearing shall be filed no later 
than May 29, 2012;
    It is further ordered That notice of this Order to Show Cause be 
published in the Federal Register, and that a copy thereof be served 
upon Respondent at its last known address;
    It is further ordered That all documents submitted by any party of 
record in this proceeding shall be filed in accordance with Rule 2 of 
the

[[Page 22577]]

Commission's Rules of Practice and Procedure, 46 CFR 502.2, as well as 
being mailed directly to all parties of record;
    Finally, it is ordered That pursuant to the terms of Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the final 
decision of the Commission in this proceeding shall be issued by August 
9, 2012.

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012-9099 Filed 4-13-12; 8:45 am]
BILLING CODE 6730-01-P