Sunshine Act Notices, 65963 [07-5838]
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Federal Register / Vol. 72, No. 226 / Monday, November 26, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 07–5843 Filed 11–21–07; 12:47 pm]
corporation formed and existing under
the laws of the country of Japan and is
operating as an ocean common carrier.
Complainant asserts that Respondents,
Fashion Accessories Shippers
BILLING CODE 6712–01–P
Association, Inc. (‘‘FASA’’), and Gemini
Shippers Association, Inc. (‘‘Gemini’’)
are Delaware non-profit corporations,
FEDERAL ELECTION COMMISSION
that Sara Mayes is President of FASA,
and that Harold Sachs is Executive
Sunshine Act Notices
Director of FASA. Complaint asserts
AGENCY: Federal Election Commission.
that all Respondents are located at 350
Fifth Avenue, Suite 2030, New York,
DATE AND TIME: Tuesday, November 27,
New York 10118.
2007 at 10 a.m.
Complainant contends that FASA
PLACE: 999 E Street, NW., Washington,
purports to act as a shippers association
DC.
and enters into service contracts with
STATUS: This meeting will be closed to
ocean common carriers as ‘‘Gemini
the public.
Shippers Association.’’ Complainant
ITEMS TO BE DISCUSSED:
‘‘K’’ Line also contends that it has
Compliance matters pursuant to 2
entered into a number of service
U.S.C. 437g.
contracts with Fashion Accessories
Audits conducted pursuant to 2
Shippers Association and/or Gemini
U.S.C. 437g, § 438(b), and Title 26,
Shippers Association since April 2001.
U.S.C.
Complainant alleges that it makes
Matters concerning participation in
‘‘royalty payments’’ by check to Gemini
civil actions or proceedings or
Shippers Association pursuant to the
arbitration.
terms of such service contracts.
Internal personnel rules and
Complainant maintains that under the
procedures or matters affecting a
service contract ‘‘royalty clause,’’
particular employee.
Complainant was required to collect
DATE AND TIME: Thursday, November 29,
from FASA/Gemini member shippers
2007 at 10 a.m.
and forward to Respondent Gemini, the
PLACE: 999 E Street, NW., Washington,
‘‘Gemini Association dues’’ which
DC (Ninth Floor).
royalty ranged from $40.00 to $70.00 per
STATUS: This meeting will be open to the container. Complainant ‘‘K’’ Line also
states that it was billed for such
public.
royalties on the billhead of ‘‘Gemini
ITEMS TO BE DISCUSSED:
Shippers Group.’’ Complainant further
Correction and approval of minutes.
states that FASA instituted a New York
Advisory opinion 2007–22: Jim
arbitration claiming royalties it would
Hurysz.
have received had ‘‘K’’ Line not directly
Management and administrative
entered into a service contract with a
matters.
‘‘so-called member’ and a ‘former
PERSON TO CONTACT FOR INFORMATION:
member’ during the 2006–2007 contract
Mr. Robert Biersack, Press Officer,
term.’’
Telephone: (202) 694–1220.
Complainant contends that
Mary W. Dove,
Respondents are in violation of the
Secretary of the Commission.
Shipping Act of 1984 (‘‘the Shipping
[FR Doc. 07–5838 Filed 11–21–07; 10:25 am]
Act’’) by: (1) Holding themselves out as
a shippers’ association when it neither
BILLING CODE 6715–01–M
organized as a shippers’ association nor
functions as one as defined by the
Shipping Act; (2) requiring that ‘‘royalty
FEDERAL MARITIME COMMISSION
payments’’ be made by Complainant to
[Docket No. 07–10]
Respondents for the ‘‘privilege of
carrying cargoes under the contract
Kawasaki Kisen Kaisha, Ltd. v.
rates,’’ and through such ‘‘royalty
Fashion Accessories Shippers
payments,’’ engaging in a scheme to
Association, Inc.; Gemini Shippers
obtain transportation at less than the
Association, Inc.; Sara Mayes; and
otherwise applicable rates; and (3)
Harold Sachs; Notice of Filing of
implementing and enforcing an
Complaint and Assignment
‘‘exclusive dealing clause’’ that locks
shippers into FASA contracts and
Notice is given that a complaint has
controls rate levels. Complainant asserts
been filed with the Federal Maritime
that the activities described above are in
Commission (‘‘Commission’’) by
Kawasaki Kisen Kaisha, Ltd. (‘‘K’’ Line). violation of the 46 U.S.C. 40102(20),
(22) and (23), 41102(a), 41104(10), and
Complainant asserts that it is a
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65963
the Commission’s regulations at 46 CFR
530.8(c).
Complainant requests that the
Commission: (1) ‘‘Order Respondents to
cease and desist from representing the
FASA/Gemini operation, as it presently
exits, as a shippers’ association’’; (2)
find the exclusive dealing clause and
the royalty clause to be in violation of
the Shipping Act and to issue a cease
and desist order against Respondents’
future use of such clauses; (3) find that
FASA/Gemini’s New York arbitration or
any other means for seeking to enforce
the unlawful exclusive dealing and
royalty clauses is unlawful; and issue a
cease and desist order against any
Respondent pursuing the New York
arbitration against ‘‘K’’ Line or reinstituting any similar arbitration for
enforcement of either of the clauses.
This proceeding has been assigned to
the Office of Administrative Law Judges.
Hearing in this matter, if any is held,
shall commence within the time
limitations prescribed in 46 CFR 502.61,
and only after consideration has been
given by the parties and the presiding
officer to the use of alternative forms of
dispute resolution. The hearing shall
include oral testimony and crossexamination in the discretion of the
presiding officer only 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 crossexamination are necessary for the
development of an adequate record.
Pursuant to the further terms of 46 CFR
502.61, the initial decision of the
presiding officer in this proceeding shall
be issued by November 18, 2008, and
the final decision of the Commission
shall be issued by March 18, 2009.
Bryant L. VanBrakle,
Secretary.
[FR Doc. E7–22972 Filed 11–23–07; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
Sunshine Act Meeting
Federal
Maritime Commission.
TIME AND DATE: November 28, 2007.
PLACE: 800 North Capitol Street, NW.,
First Floor Hearing Room, Washington,
DC.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
1. Port of Los Angeles and Port of
Long Beach Proposed Clean Truck
Program.
AGENCY HOLDING THE MEETING:
E:\FR\FM\26NON1.SGM
26NON1
Agencies
[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Notices]
[Page 65963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5838]
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FEDERAL ELECTION COMMISSION
Sunshine Act Notices
AGENCY: Federal Election Commission.
DATE and TIME: Tuesday, November 27, 2007 at 10 a.m.
PLACE: 999 E Street, NW., Washington, DC.
STATUS: This meeting will be closed to the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, Sec. 438(b), and Title
26, U.S.C.
Matters concerning participation in civil actions or proceedings or
arbitration.
Internal personnel rules and procedures or matters affecting a
particular employee.
DATE and TIME: Thursday, November 29, 2007 at 10 a.m.
PLACE: 999 E Street, NW., Washington, DC (Ninth Floor).
STATUS: This meeting will be open to the public.
ITEMS TO BE DISCUSSED:
Correction and approval of minutes.
Advisory opinion 2007-22: Jim Hurysz.
Management and administrative matters.
PERSON TO CONTACT FOR INFORMATION: Mr. Robert Biersack, Press Officer,
Telephone: (202) 694-1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. 07-5838 Filed 11-21-07; 10:25 am]
BILLING CODE 6715-01-M