[Federal Register Volume 68, Number 122 (Wednesday, June 25, 2003)]
[Notices]
[Page 37826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16098]


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FEDERAL MARITIME COMMISSION

[Docket No. 03-06]


Monarch Shipping Lines, Inc., American Lines LLC, Mozart 
Forwarding, Inc., and Peter Karouta Kennedy--Possible Violations of 
Sections 8(a), 10(b)(2)(A), and 19 of the Shipping Act of 1984, as well 
as the Commission's Regulations as 46 CFR pts. 515 and 520; Order of 
Investigation and Hearing

June 20, 2003.
    Notice is given that on June 17, 2003, the Federal Maritime 
Commission served an Order of Investigation and Hearing on Monarch 
Shipping Lines, Inc., American Lines LLC, Mozart Forwarding, Inc., and 
Mr. Peter Karouta Kennedy. Monarch Shipping Lines, Inc. (``Monarch''), 
incorporated in the State of New York, holds itself out as a vessel-
operating common carrier (``VOCC'') and Mr. Peter Karouta Kennedy is 
its owner and President. American Lines LLC (``American Lines''), a 
Connecticut corporation, holds itself out as a VOCC and is owned and 
operated by Mr. Peter Karouta Kennedy. Mozart Forwarding, Inc. 
(``Mozart''), a New York corporation, is a licensed ocean freight 
forwarder (FMC License No. 3486-R) and is also owned and operated by 
Mr. Peter Karouta Kennedy.
    It appears that, from at least May 4, 2000, through August 15, 
2000, Monarch knowingly and willfully operated as a common carrier 
without publishing a tariff. It appears that Monarch provided 
transportation services as a non-vessel-operating common carrier 
(``NVOCC'') with respect to shipments from May 4, 2000, through April 
11, 2002, without obtaining an ocean transportation intermediary 
(``OTI'') license and without providing proof of financial 
responsibility in the form of a surety bond. It also appears, that from 
November 23, 2000, through December 23, 2000, Monarch processed at 
least 105 shipments for one of its customers and assessed and collected 
rates that were not the same as those set forth in its published 
tariff. American Lines appears to have operated as a common carrier 
without publishing a tariff from January 1, 2002, through June 13, 
2002. Subsequent to the publication of its tariff, it appears that 
American Lines provided transportation services as an NVOCC without 
obtaining an OTI license and without providing proof of financial 
responsibility in the form of a surety bond. It appears that American 
Lines also failed to follow the rates and charges in its published 
tariff. Furthermore, it appears that Mozart and Peter Karouta Kennedy 
knowingly and willfully misled the Commission by failing to disclose 
required information on Mozart's pending FMC-18 application for an 
NVOCC license.
    This proceeding therefore seeks to determine: (1) Whether Monarch 
and American Lines violated section 8(a) of the Shipping Act of 1984 
(``1984 Act'') and 46 CFR pt. 520 by operating, for a certain period of 
time, without a tariff; (2) whether Monarch, American Lines, and Peter 
Karouta Kennedy violated section 10(b)(2) of the 1984 Act by providing 
service at rates and charges other than those specified in Monarch's 
and American Lines' tariffs; (3) whether Monarch, American Lines, and 
Peter Karouta Kennedy violated section 19 of the 1984 Act and the 
Commission's regulations at 46 CFR pt. 515 by operating as NVOCCs 
without obtaining licenses and without providing proof of financial 
responsibility in the form of surety bonds; (4) whether Mozart and 
Peter Karouta Kennedy violated the Commission's regulation at 46 CFR 
pt. 515 by their failure to disclose required information of the FMC-18 
application; (5) whether, in the event violations of sections 8(a) 
10(b)(2)(A), and 19 of the 1984 Act and/or 46 CFR pts. 515 and 520 are 
found, civil penalties should be and assessed and, if so, the amount; 
(6) whether, in the event violations of section 10(b)(2)(A) of the 1984 
Act are found, the tariffs of Monarch and American Lines should be 
suspended; (7) whether the OTI license of Mozart should be suspended or 
revoked pursuant to section 19 of the 1984 Act, and (8) whether, in the 
event violations are found, and 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 to intervene in accordance with 46 CFR 502.72.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-16098 Filed 6-24-03; 8:45 am]
BILLING CODE 6730-01-P