[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Page 51283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25035]


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FEDERAL MARITIME COMMISSION

[Docket No. 96-16]


Order of Investigation

    In the matter of Royal Venture Cruise Line, Inc. and Anastassios 
Kiriakidis; Possible Violations of Passenger Vessel Certification 
Requirements.

    Section 3 of Public Law 89-777, 46 U.S.C. app. 817e, provides that 
no person in the United States may arrange, offer, advertise, or 
provide passage on a vessel having berth or stateroom accommodations 
for fifty or more passengers which is to embark passengers at a United 
States port prior to receiving a Certificate of Financial 
Responsibility of Non-Performance (``Certificate'') for the vessel.\1\
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    \1\ A Certificate is issued pursuant to the Commission's 
regulations at 46 CFR 540 after an applicant has established 
financial responsibility for the indemnification of passengers for 
nonperformance of the transportation.
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    Royal Venture Cruise Line, Inc. (``Royal Venture'') is a Georgia 
corporation which maintains an office in Clearwater, FL. Anastassios 
Kiriakidis (``Kiriakidis'') is the chairman of Royal Venture. Royal 
Venture filed an application with the Commission to obtain a 
Certificate for the Sun Venture for 2-day cruises to nowhere and 5-day 
cruises to Mexico from Tampa, FL. A Certificate, as yet, has not been 
issued because required evidence of financial responsibility has not 
been provided to the Commission.
    Despite not having a Certificate, Royal Venture appears to have 
arranged, offered and advertised cruises on the Sun Venture, and may 
have collected deposits and fares for passages on the Sun Venture, a 
vessel scheduled to embark passengers at a United States port with more 
than fifty passenger berth or stateroom accommodations. Therefore, it 
appears that Royal Venture and Kiriakidis may have violated section 
3(a) of Public Law 89-777 and the Commission's regulations at 46 CFR 
540.3.
    Now therefore it is ordered, That pursuant to section 3 of Public 
Law 89-777 a proceeding is instituted to determine whether Royal 
Venture and Kiriakidis violated section 3(a) of Public Law 89-777 or 
the Commission's regulations at 46 CFR 540.3;
    It is further ordered, That if Royal Venture or Kiriakidis are 
found to have violated Public Law 89-777 or 46 CFR 540.3, this 
proceeding shall also determine whether civil penalties should be 
assessed, and is for, in what amount, and whether an appropriate cease 
and desist order should be issued;
    It is further ordered, That this matter be assigned for public 
hearing before an Administrative Law Judge (``ALJ'') of the 
Commission's Office of ALJ at a date and place to be determined by the 
ALJ 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 at the discretion of the ALJ only after 
consideration has been given by the parties and the ALJ to the use of 
alternative forms of dispute resolution, and 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 cross-examination are necessary for the development of 
an adequate record;
    It is further ordered, That Royal Venture Cruise Line, Inc. and 
Anastassios Kiriakidis are designated 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 copies be served upon all 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 future 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, D.C. 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;
    It is further ordered, That pursuant to Rule 61 of the Commission's 
Rules of Practice and Procedure, 46 CFR 502.61, the initial decision of 
the Administrative Law Judge shall be issued by September 25, 1997 and 
the final decision of the Commission shall be issued by January 25, 
1998.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-25035 Filed 9-30-96; 8:45 am]
BILLING CODE 6730-01-M