[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Notices]
[Pages 51070-51071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25526]
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FEDERAL MARITIME COMMISSION
[Docket No. 98-17]
Helen Khadem d/b/a Worldwide Cargo Express/Trading; Order to Show
Cause
This proceeding is instituted pursuant to sections 8, 11 and 23 of
the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. app. 1707, 1710 and
1721, and the Federal Maritime Commission's (``Commission'')
regulations governing tariff and bonding requirements of non-vessel-
operating common carriers, 46 CFR part 514.
Helen Khadem (``Khadem'') is a resident of the State of California.
Since approximately May 1996, Khadem has registered Worldwide Cargo
Express/Trading (``Worldwide'') with the California Secretary of State
as a fictitious business name. Khadem maintains offices at 6279 E.
Slauson Ave., Suite 101, Los Angeles, California 90040, from which
premises she operates a business under the name Worldwide Cargo
Express/Trading.
Based on complaints to the Commission, it appears that since at
least February 1997, Khadem, doing business as Worldwide, has shipped
or agreed to transport household goods, automobiles and personal
effects in the foreign commerce of the United States. Evidence obtained
during an investigation shows that for at least twelve (12) shipments
known to the Commission, Worldwide collected goods and ocean freight
from individual shippers, and then, in the capacity of a shipper,
contracted with common carriers for the ocean transportation.\1\
Worldwide was named as shipper on the ocean carrier bills of lading and
export declarations and was responsible for the payment of the freight
charges. The name of the actual shipper appears as a consignee or
notify party on the ocean carrier bill of lading. In lieu of house
bills of lading, Worldwide issues a bill of lading/pick-up order
showing Worldwide as shipper, which is apparently used for pick-up and
delivery of the cargo to the port.
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\1\ Details of these twelve shipments are as follows:
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Worldwide
Shipper/customer invoice No. Date Destination
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Jake Wakstein............................. 97206 1/5/98 London.
[[Page 51071]]
Gary N. Manasseh.......................... 97212 1/21/98 London.
Richard J. Masom.......................... 97216 1/30/98 Auckland.
Guillermo/Victoria Wiesse................. 97218 1/30/98 Callao, Peru.
Barry Gray................................ 97222 2/11/98 London.
Loretta M. Strickland..................... 97223 2/17/98 Ramatuelle, France.
Patrick William........................... 97224 2/18/98 Kingston.
Candle Light &............................ 97225 2/16/98 Hong Kong.
Edgar Uy.................................. 97226 2/19/98 Cebu, Philippines.
SIMO...................................... 97227 2/19/98 Casablanca.
Rod Bustos................................ 97230 2/23/98 Manilla.
Igor Nikitine............................. 97231 2/25/98 Helsinki.
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Section 8 of the 1984 Act, provides that no common carrier may
provide service in United States foreign trades unless the carrier has
first filed a tariff with the Federal Maritime Commission showing all
of its rates, charges and practices. Section 23 of the 1984 Act further
provides that each non-vessel-operating common carrier must furnish to
the Commission a bond, proof of insurance or other surety, inter alia,
to insure the financial responsibility of the carrier to pay any
judgment for damages arising from its transportation-related
activities. According to a review of records maintained by the
Commission's Bureau of Tariffs, Certification and Licensing, no tariff
or bond has been filed with the Commission in the name of Worldwide or
Khadem. Therefore, it would appear that Helen Khadem, doing business as
Worldwide Cargo Express/Trading, by providing and holding herself out
to the public to provide transportation by water of cargo for
compensation, has acted as a non-vessel-operating common carrier
without a tariff or bond on file with the Commission, in violation of
sections 8 and 23 of the 1984 Act.
Now therefore, it is ordered That pursuant to section 11 of the
Shipping Act of 1984, Helen Khadem, doing business as Worldwide Cargo
Express/Trading, show cause why she should not be found to have
violated section 8 of the Shipping Act of 1984 by acting as a non-
vessel-operating common carrier in each of the twelve (12) instances,
specified above, without a tariff for such service on file with the
Commission;
It is further ordered That pursuant to section 11 of the Shipping
Act of 1984, Helen Khadem, doing business as Worldwide Cargo Express/
Trading, show cause why she should not be found to have violated
section 23 of the Shipping Act of 1984 by acting as a non-vessel-
operating common carrier in each of the twelve (12) instances,
specified above, without a bond for such service on file with the
Commission.
It is further ordered that Helen Khadem, doing business as
Worldwide Cargo Express/Trading, show cause why an order should not be
issued directing Helen Khadem to cease and desist from providing or
holding herself out to provide transportation as a non-vessel-operating
common carrier between the United States and a foreign country unless
and until such time as Khadem or Worldwide Cargo Express/Trading shall
have filed a tariff and a bond for such service with the Commission.
It is further ordered that this proceeding is limited to the
submission of affidavits of fact and memoranda of law;
It is further ordered that any person having an interest and
desiring to intervene in this proceeding shall file a petition for
leave to intervene in accordance with Rule 72 of the Commission's Rules
of Practice and Procedure, 46 CFR 502.72. Such petition shall be
accompanied by the petitioner's memorandum of law and affidavits of
fact, if any, and shall be filed no later than the day fixed below;
It is further ordered that Helen Khadem is named a Respondent in
this proceeding. Affidavits of fact and memoranda of law shall be filed
by Respondent and any intervenors in support of Respondent no later
than October 8, 1998;
It is further ordered that the Commission's Bureau of Enforcement
be made a party to this proceeding;
It is further ordered that reply affidavits and memoranda of law
shall be filed by the Bureau of Enforcement and any intervenors in
opposition to Respondent no later than October 28, 1998;
It is further ordered that rebuttal affidavits and memoranda of law
shall be filed by Respondents and intervenors in support no later than
November 9, 1998;
It is further ordered that;
(a) Should any party believe that an evidentiary hearing is
required, that party must submit a request for such hearing, together
with a statement setting forth in detail the facts to be proved, the
relevance of those facts to the issues in this proceeding, a
description of the evidence which would be adduced, and why such
evidence cannot be submitted by affidavit;
(b) Should any party believe that an oral argument is required,
that party must submit a request specifying the reasons therefore and
why argument by memorandum is inadequate to present the party's case;
and
(c) Any request for evidentiary hearing or oral argument shall be
filed no later than November 9, 1998;
It is further ordered that notice of this Order to Show Cause be
published in the Federal Register, and that a copy thereof be served
upon Respondent;
It is further ordered that all documents submitted by any party of
record in this proceeding shall be filed in accordance with Rule 118 of
the Commission's rules of practice and procedure, 46 CFR 502.118, as
well as being mailed directly to all parties of record;
Finally, it is ordered that pursuant to the terms of Rule 61 of the
Commission's rules of practice and procedure, 46 CFR 502.61, the final
decision of the Commission in this proceeding shall be issued by May
18, 1999.
Dated: September 18, 1998.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 98-25526 Filed 9-23-98; 8:45 am]
BILLING CODE 6730-01-M
