[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]
=======================================================================
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
