Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DOCKET No 7354
WINDJAMMER CRUISES INC AND WINDJAMMER CRUISES LTD
ADOPrION OF INITIAL DECI ION
March 30 1976
This proceeding was instituted to determine whether Windjammer
Cruises Inc Wincljammer violated sections 2 and 3 of Public Law 89
777 by embarking passengers on the Flying Cloud and the Yankee Trader
at U S ports and arranging offering advertising or providing passage on
those vessels without having first complied with the financial responsibil
ity requirements of that statute
In his Initial Decision Administrative Law Judge Seymour Glanzer
concluded that while Wincljammer had violated section 3 of Public Law
89777 and section 540 3 of the Commission s implementing regulations
46 C F R 540 3 in arranging and providing passage on the Flying Cloud
for persons embarking at Mayaquez Puerto Rico without having
complied with the fmancial responsibility requirements there was not
proven any violation of section 2 of Public Law 89 77 since Wincljam
mer was neither the owner or charterer of the vessels involved
No exceptions were flied to the Initial Decision Upon review of the
entire record we conclude that the Administrative Law Judge s finding
and conclusions were proper and well founded Accordingly we hereby
adopt the Initial Decision acopy of which is attached and make it apart hereof
One collateral matter raised in the Initial Decision requires additional
discussion In the ordering portion of his recommended decision Judge
Glanzer referred to theComtl1lssion for appropriate action the matter
of the conduct of Mr Tarantino couhsel for Windjammer during the
course of the proceeding Upon careful consideration of the matter we
find that the facts of record relating to Mr Tarantino s behavior in the
proceeding below do not warrant or necessitate any type of disciplinary
action or admonishment
Nevertheless we should like to tae this opportunity to state that this
Commission expects attorneys and other persons practicing before us to
observe the same code of conduct and standard of diligence as would be
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