[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Notices]
[Pages 53353-53354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20673]


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FEDERAL MARITIME COMMISSION

[Docket No. 02-11]


Empire United Lines Co., Inc.--Possible Violations of Sections 
10(a)(1) and 10(b)(1) of the Shipping Act of 1984, and Section 
10(b)(2)(A) of the Shipping Act of 1984 as Amended by the Ocean 
Shipping Reform Act of 1998, as Well as the Commission's Regulations at 
46 CFR 515.31(e) as Amended; Order of Investigation and Hearing

    Notice is given that on August 1, 2002, the Federal Maritime 
Commission served an Order of Investigation and Hearing on Empire 
United Lines Co., Inc. (``Empire'') an ocean transportation 
intermediary (``OTI'') operating as a non-vessel-operating common 
carrier. It appears that, with respect to thousands of shipments 
between April 2, 1997 and October 5, 1999, Empire knowingly and 
willfully provided false information by listing a freight forwarder on 
numerous bills of lading for Empire's shipments thereby allowing the 
freight forwarder to collect unwarranted compensation from several 
ocean common carriers. Also, between April 18, 1997 and December 15, 
1998, it appears that on at least twenty-one occasions Empire collected 
a portion of the unwarranted compensation from the freight forwarder 
through invoices for various alleged services and products. It further 
appears that during the same approximate time period, Empire processed 
twenty shipments documented by invoices that indicate that the rates 
assessed and collected differ from those set forth in Empire's ATFI 
tariff.
    This proceeding therefore seeks to determine (1) whether Empire 
violated section 10(a)(1) of the Shipping Act of 1984 (``1984 Act'') by 
knowingly and willfully obtaining transportation at less than the rates 
and charges otherwise applicable by the receipt of an unlawful rebate 
resulting from Empire's collection of a portion of unwarranted freight 
forwarder compensation from another OTI; whether Empire violated 
section 10(b)(1) of the 1984 Act and 10(b)(2)(A) of the 1984 Act as 
amended, by charging different compensation for the transportation of 
property than the rates set forth in its published tariff; whether 
Empire violated the Commission's regulations at 46 CFR 515.31(e) as 
amended, by knowingly and willfully providing false information to 
several ocean common carriers on documents concerning Empire's 
shipments; whether, in the event violations of sections 10(a)(1), 
10(b), and 10(b)(2)(A) of the 1984 Act and/or 46 CFR 515.31(e) are 
found, civil penalties should be assessed against Empire and, if so, 
the amount of the penalties to be assessed; whether, in the event 
violations of sections 10(a)(1) and 10(b)(1) of the 1984 Act are found, 
the tariff of Empire should be suspended; whether the OTI license of 
Empire should be suspended or revoked; and 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//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

[[Page 53354]]

to intervene in accordance with 46 CFR 502.72.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-20673 Filed 8-14-02; 8:45 am]
BILLING CODE 6730-01-P