[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9179]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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FEDERAL MARITIME COMMISSION
[Docket No. 94-09]
Bill Sherwood; Corporate World International, Inc., and Corporate
World Relocation International, Inc.; Order of Investigation and
Hearing
Bill Sherwood is President and sole owner of Corporate World
International, Inc. and Corporate World Relocation International,
Inc.\1\ It appears that subsequent to February, 1989, Bill Sherwood and
Corporate World handled over 2000 shipments of household goods in the
foreign commerce of the United States. It also appears that Mr.
Sherwood and Corporate World booked or otherwise arranged space for the
shipments with ocean common carriers and processed corresponding
shipping documents, such as bills of lading and export declarations.
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\1\Hereinafter both companies will be referred to collectively
as ``Corporate World,'' except as otherwise stated.
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Section 19(a) of the Shipping Act of 1984 (``1984 Act''), 46 U.S.C.
app. 1718(a), prohibits any person from acting as an ocean freight
forwarder unless that person holds a license issued by the Federal
Maritime Commission (``Commission''). An ocean freight forwarder is
defined in section 3(19) of the 1984 Act, 46 U.S.C. app. 1702(19), as a
person in the United States that--
(A) Dispatches shipments from the United States via common
carriers and books or otherwise arranges space for those shipments
on behalf of shippers; and
(B) Processes the documentation or performs related activities
incident to those shipments.
Neither Mr. Sherwood nor Corporate World was licensed by the Commission
as an ocean freight forwarder. Therefore, Mr. Sherwood and Corporate
World may have acted in the capacity of an unlicensed ocean freight
forwarder in violation of section 19(a) of the 1984 Act.
In addition, Corporate World charged and collected transportation
charges for shipments, and appeared as shipper on bills of lading.
Therefore, it appears that Mr. Sherwood and Corporate World may have
acted in the capacity of a non-vessel-operating common carrier
(``NVOCC'') with respect to the shipments. Section 8(a)(1) of the 1984
Act, 46 U.S.C. app. 1707(a)(1), requires each common carrier to file
with the Commission tariffs showing all its rates, charges,
classifications, rules, and practices between all transportation points
or ports. In addition, section 23 of the 1984 Act, 46 U.S.C. app. 1720,
requires each NVOCC to file evidence of a bond of not less than $50,000
with the Commission. Neither Mr. Sherwood nor Corporate World had filed
a tariff or bond at the time of the shipments at issue. Therefore, it
appears that Mr. Sherwood and Corporate World may have violated
sections 8(a)(1) and 23(a) of the 1984 Act. These activities were
continued despite warnings from the Commission that they might be
unlawful.
Now therefore, it is ordered, That pursuant to sections 8, 11, 13,
19 and 23 of the 1984 Act, 46 U.S.C. app. 1707, 1710, 1712, 1718 and
1721, an investigation is hereby instituted to determine:
(1) Whether Bill Sherwood, Corporate World International, Inc., and
Corporate World Relocation International, Inc., violated the following
sections of the 1984 Act: (a) Section 19(a), for acting as an ocean
freight forwarder without a license issued by the Commission; (b)
section 8(a)(1), by operating as a NVOCC in the foreign commerce of the
United States without having a tariff on file with the Commission; and
(c) section 23(a), for operating as an NVOCC without furnishing the
requisite bond to the Commission;
(2) Whether, in the event violations of sections 19(a), 8(a)(1),
and 23(a) of the 1984 Act are found, civil penalties should be assessed
and, if so, the amount of such penalties; and
(3) Whether, in the event violations are found, an appropriate
cease and desist order should be issued.
It is further ordered, That a public hearing be held in this
proceeding and that this matter be assigned for hearing before an
Administrative Law Judge of the Commission's Office of Administrative
Law Judges at a date and place to be hereafter determined by the
Administrative Law Judge 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 in the discretion of the
Presiding Administrative Law Judge only after consideration has been
given by the parties and the Presiding Administrative Law Judge to the
use of alternative forms of dispute resolution, and upon a 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 matters 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 Bill Sherwood, Corporate World
International, Inc. and Corporate World Relocation International, Inc.
are designated respondents in this proceeding;
It is further ordered, That the Commission's Bureau of Hearing
Counsel is designated a party to this proceeding;
It is further ordered, That notice of this Order be published in
the Federal Register, and a copy be served on 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 further 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, DC 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 in accordance with Rule 61 of the
Commission's Rules of Practice and Procedure, the initial decision of
the Administrative Law Judge shall be issued by April 12, 1995 and the
final decision of the Commission shall be issued by August 10, 1995.
Joseph C. Polking,
Secretary.
[FR Doc. 94-9179 Filed 4-14-94; 8:45 am]
BILLING CODE 6730-01-M