Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 / Notices 35229

3The maximum penalties are raised by 10 percent

for violations occurring after November 7, 1996. See

Inflation Adjustment of Civil Monetary Penalties, 27

S.R.R. 809 (1996).

Since Kin Bridge USA canceled its

tariff on April 18, 1998, Kin Bridge

Taiwan has maintained what many be

characterized as a ‘‘shell’’ tariff,

consisting of ten commodity

descriptions, four of which are

applicable to Cargo N.O.S. Only these

latter Cargo N.O.S. rates apply to cargo

inbound from the Far East. Kin Bridge

Taiwan does not publish ‘‘per

container’’ rates for inbound cargo, nor

does it appear likely that it charges

those rates which it does publish, since

these are assessed solely on a weight/

measurement (W/M) ton basis.

Nonetheless, it appears that Kin Bridge

Taiwan is actively soliciting NVOCC

cargo, and that it may not be assessing

or collecting those rates set forth in its

tariff.

Section 10(a)(1) of the Shipping Act of

1984 (‘‘1984 Act’’), 46 U.S.C. app. sec.

1709(a)(1), prohibits any person

knowingly and willfully, directly or

indirectly, by means of false billings,

false classification, false weighing, false

report of weight, false measurement, or

by any other unjust or unfair device or

means, to obtain or attempt to obtain

ocean transportation for property at

least than the rates or charges that

would otherwise be applicable. Section

10(b)(1), 46 U.S.C. app. sec. 1709(b)(1),

prohibits a common carrier from

charging, collecting or receiving greater,

less or different compensation for the

transportation of property than the rates

and charges set forth in its tariff.

Sections 8 and 23 of the 1984 Act, 46

U.S.C. app. secs. 1707 and 1721, require

that every NVOCC maintain a tariff and

a bond. Under section 13 of the 1984

Act, 46 U.S.C. app. sec. 1712, a person

is subject to a civil penalty of not more

than $25,000 for each violation

knowingly and willfully committed, and

not more than $5,000 for other

violations.3 Section 13 further provides

that a common carrier’s tariff may be

suspended for violations of section

10(b)(1) for a period not to exceed one

year, while section 23 provides for a

similar suspension in the case of

violations of section 10(a)(1) of the 1984

Act.

Now therefore, it is ordered, That

pursuant to sections 10, 11, 13, and 23

of the 1984 Act, 46 U.S.C. app. secs.

1709, 1710, 1712, and 1721, an

investigation is instituted to determine:

(1) Whether Kin Bridge Express Inc.

and Kin Bridge Express (USA) Inc.

violated section 10(a)(1) of the 1984 Act

by directly or indirectly obtaining

transportation at least than the rates and

charges otherwise applicable through

the means of misdescription of cargo;

(2) Whether Kin Bridge Express Inc.

and Kin Bridge Express (USA) Inc.

violated section 10(b)(1) of the 1984 Act

by charging, demanding, collecting or

receiving less or different compensation

for the transportation of property than

the rates and charges shown in their

respective NVOCC tariffs;

(3) Whether Kin Bridge Express Inc.

violated sections 8 and 23 of the 1984

Act by operating as a non-vesseloperating common carrier without

having a tariff and bond on file with the

Commission:

(4) Whether, in the event violations of

sections 8, 10(a)(1), 10(b)(1), and 23 of

the 1984 Act are found, civil penalties

should be assessed and, if so, the

amount of such penalties;

(5) Whether, in the event violations of

sections 10(a)(1) and 10(b)(1) of the

1984 Act are found, the tariff of Kin

Bridges Express Inc. should be

suspended; and

(6) Whether, in the event violations

are found, an appropriate cease and

desist order should be issued.

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 crossexamination 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, deposition, 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 Kim Bridge

Express Inc. and Kin Bridge Express

(U.S.A.) Inc. 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

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 and 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

Procedures, the initial decision of the

Administrative Law Judge shall be

issued by June 23, 1999 and the final

decision of the Commission shall be

issued by October 21, 1999.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 98–17141 Filed 6–26–98; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;

Acquisitions of Shares of Banks or

Bank Holding Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are

set forth in paragraph 7 of the Act (12

U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. The notices

also will be available for inspection at

the offices of the Board of Governors.

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 July 15,

1998.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63102-

2034:
35230 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 / Notices

1. Henderson Family Limited

Partnership, Vienna, Missouri; to

acquire voting shares of Maries County

Bancorp, Inc., Vienna, Missouri and

Progress Bancshares, Inc., Sullivan,

Missouri, and thereby indirectly acquire

Progress Bank, Sullivan, Missouri;

Maries County Bank, Vienna, Missouri;

and Belle State Bank, Belle, Missouri.

B. Federal Reserve Bank of Kansas

City (D. Michael Manies, Assistant Vice

President) 925 Grand Avenue, Kansas

City, Missouri 64198-0001:

1. Donald Ray Clark and Kitty Darline

Clark, both of Anadarko, Oklahoma; to

acquire voting shares of First State

Bank, Anadarko, Oklahoma.

Board of Governors of the Federal Reserve

System, June 23, 1998.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 98–17205 Filed 6-26-98; 8:45 am]

BILLING CODE 6210-01-F

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied to the Board for approval,

pursuant to the Bank Holding Company

Act of 1956 (12 U.S.C. 1841 et seq.)

(BHC Act), Regulation Y (12 CFR Part

225), and all other applicable statutes

and regulations to become a bank

holding company and/or to acquire the

assets or the ownership of, control of, or

the power to vote shares of a bank or

bank holding company and all of the

banks and nonbanking companies

owned by the bank holding company,

including the companies listed below.

The applications listed below, as well

as other related filings required by the

Board, are available for immediate

inspection at the Federal Reserve Bank

indicated. The application also will be

available for inspection at the offices of

the Board of Governors. Interested

persons may express their views in

writing on the standards enumerated in

the BHC Act (12 U.S.C. 1842(c)). If the

proposal also involves the acquisition of

a nonbanking company, the review also

includes whether the acquisition of the

nonbanking company complies with the

standards in section 4 of the BHC Act.

Unless otherwise noted, nonbanking

activities will be conducted throughout

the United States.

Unless otherwise noted, comments

regarding each of these applications

must be received at the Reserve Bank

indicated or the offices of the Board of

Governors not later than July 23, 1998.

A. Federal Reserve Bank of Cleveland

(Paul Kaboth, Banking Supervisor) 1455

East Sixth Street, Cleveland, Ohio

44101-2566:

1. Citizens Bancshares, Inc.,

Salineville, Ohio; to merge with Mid

Am, Inc., Bowling Green, Ohio, and

thereby indirectly acquire Adrian State

Bank, Adrian, Michigan; American

Community Bank, N.A., Lima, Ohio;

Amerifirst Bank, N.A., Xenia, Ohio;

First National Bank of Northwestern

Ohio, Bryan, Ohio; Mid American

National Bank and Trust Company,

Toledo, Ohio; and Northside Deposit

Bank, Pittsburgh, Pennsylvania.

In connection with this application,

Citizens Bancshares also has applied to

acquire MFI Investments Corp, Bryan,

Ohio; Mid Am Recovery Services, Inc.,

Clearwater, Florida; Mid Am Credit

Corp, Columbus, Ohio; Mid Am

Financial Services, Inc., Carmel,

Indiana; and Mid Am Private Trust,

N.S., Cincinnati, Ohio, and thereby

engage directly in permissible broker/

dealer securities activities pursuant to

§§ 225.28(b)(7) and 225.28(b)(8) of

Regulation Y; permissible collection

agency activities pursuant to §

225.28(b)(2)(iv) of Regulation Y;

permissible lending and leasing

activities pursuant to §§ 225.28(b)(1)

and 225.28(b)(3) of Regulation Y;

permissible consumer finance, lending,

and loan servicing activities pursuant to

§ 225.28(b)(1) of Regulation Y; and

permissible trust company functions

pursuant to § 225.28(b)(5) of Regulation

Y.

B. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63102-

2034:

1. Mercantile Bancorporation Inc., St.

Louis, Missouri; and its wholly owned

subsidiary, Ameribanc, Inc., St. Louis,

Missouri, to acquire 100 percent of the

voting shares and merge with First

Financial Bancorporation, Iowa City,

Iowa, and thereby indirectly acquire

First National Bank Iowa, Iowa City,

Iowa.

C. Federal Reserve Bank of Kansas

City (D. Michael Manies, Assistant Vice

President) 925 Grand Avenue, Kansas

City, Missouri 64198-0001:

1. BancFirst Corporation, Oklahoma

City, Oklahoma; to acquire 100 percent

of the voting shares of AmQuest

Financial Corporation, Duncan,

Oklahoma, and thereby indirectly

acquire AmQuest Bank, N.A., Lawton,

Oklahoma, and Exchange National Bank

and Trust Company, Ardmore,

Oklahoma.

D. Federal Reserve Bank of Dallas

(W. Arthur Tribble, President) 2200

North Pearl Street, Dallas, Texas 75201-

2272:

1. Violeta Investments, Ltd.,

Hebbronville, Texas; to become a bank

holding company by acquiring 9.18

percent of the voting shares of

Hebbronville State Bank, Hebbronville,

Texas.

Board of Governors of the Federal Reserve

System, June 23, 1998.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 98–17206 Filed 6-26-98; 8:45 am]

BILLING CODE 6210-01-F

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied to the Board for approval,

pursuant to the Bank Holding Company

Act of 1956 (12 U.S.C. 1841 et seq.)

(BHC Act), Regulation Y (12 CFR Part

225), and all other applicable statutes

and regulations to become a bank

holding company and/or to acquire the

assets or the ownership of, control of, or

the power to vote shares of a bank or

bank holding company and all of the

banks and nonbanking companies

owned by the bank holding company,

including the companies listed below.

The applications listed below, as well

as other related filings required by the

Board, are available for immediate

inspection at the Federal Reserve Bank

indicated. The application also will be

available for inspection at the offices of

the Board of Governors. Interested

persons may express their views in

writing on the standards enumerated in

the BHC Act (12 U.S.C. 1842(c)). If the

proposal also involves the acquisition of

a nonbanking company, the review also

includes whether the acquisition of the

nonbanking company complies with the

standards in section 4 of the BHC Act.

Unless otherwise noted, nonbanking

activities will be conducted throughout

the United States.

Unless otherwise noted, comments

regarding each of these applications

must be received at the Reserve Bank

indicated or the offices of the Board of

Governors not later than July 24, 1998.

A. Federal Reserve Bank of Atlanta

(Lois Berthaume, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303-2713:

1. CCF Holding Company, Jonesboro,

Georgia; to become a bank holding

company by acquiring 100 percent of

the voting shares of Heritage Bank,

Jonesboro, Georgia.

2. SunTrust Banks, Inc., Atlanta,

Georgia, and SunTrust Banks of Florida,

Inc., Orlando, Florida; to merge with

Citizens Bancorporation, Inc., Marianna,