[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Notices]
[Page 59790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26236]


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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//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