[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Notices]
[Page 59790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-43]
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FEDERAL MARITIME COMMISSION
[Docket No. 03-11]
Deans Overseas Shippers, Inc., and Sharon Stephenson Deans--
Possible Violations of Sections 8(a), 10(a)(1) and 19 of the Shipping
Act of 1984, as Amended, and the Commission's Regulations at 46 CFR
Parts 515 and 520; Deans International Shipping Co., Ltd.--Application
for License as an Ocean Transportation Intermediary; Order of
Investigation and Hearing
Notice is given that on October 8, 2003, the Federal Maritime
Commission served an Order of Investigation and Hearing on Deans
Overseas Shippers, Inc. (``Deans Overseas''), Sharon Stephenson Deans
(``Ms. Deans''), and Deans International Shipping Co., Ltd. (``Deans
International''). Deans Overseas, incorporated in New York, is doing
business as a household goods mover in the United States export trades,
primarily to Caribbean destinations. Ms. Deans is the chief executive
officer and owns 100% of Deans Overseas' capital stock. Deans Overseas
operated as a non-vessel-operating common carrier (``NVOCC'') prior to
revocation of its tariff effective September 1996, when its bond was
not renewed. Deans International was incorporated in New York on June
28, 2002. Ms. Deans serves as chief executive officer of Deans
International and owns 100% of the company's stock. Ms. Deans has filed
an application with the Commission seeking a freight forwarder license
on behalf of Deans International.
It appears that, from at least October 2000 to the present, Deans
Overseas and its principal, Ms. Deans, provided NVOCC services from the
United States to destinations in the Caribbean without first obtaining
an ocean transportation intermediary (``OTI'') license, a bond or other
surety, and publishing a tariff open for public inspection. It also
appears that Deans Overseas, through Ms. Deans, misrepresented itself
as the actual cargo owner in order to enter into service contracts with
ocean common carriers and to receive transportation for property at
rates more favorable than those published in the carriers' tariffs.
This proceeding therefore seeks to determine: (1) Whether Deans
Overseas Shippers, Inc., and or Sharon Stephenson Deans violated
sections 8(a) and 19 of the Shipping Act of 1984 (``1984 Act'') and the
Commission's regulations at 46 CFR parts 515 and 520 by knowingly and
willfully performing NVOCC services without having obtained an OTI
license from the Commission, without having filed a bond or other
financial responsibility, and without having published a tariff; (2)
whether Deans Overseas Shippers, Inc., and/or Sharon Stephenson Deans
violated section 10(a)(1) of the 1984 Act by knowingly and willfully
obtaining transportation for property at less than the rates or charges
that otherwise would be applicable by the unjust or unfair device or
means of unlawfully entering into service contracts; (3) whether the
application of Deans International Shipping Co., Ltd., for an OTI
license to operate as a freight forwarder should be granted or denied;
(4) whether, in the event violations of sections 8(a), 10(a)(1) and 19
of the 1984 Act or the Commission's regulations at 46 CFR parts 515 and
520 are found, civil penalties should be assessed and, if so, the
amount; and (5) whether, in the event violations are found, an
appropriate cease and desist order should be issued.
The full text of the Order may be viewed on the Commission's Home
Page at http//http://www.fmc.gov or at the Office of the Secretary, Room 1046,
800 N. Capitol Street, NW., Washington, DC. Any person may file a
petition for leave to intervene in accordance with 46 CFR 502.72.
Dated: October 10, 2003.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-26236 Filed 10-16-03; 8:45 am]
BILLING CODE 6730-01-P