Sunshine Act Notices, 65963 [07-5838]

Download as PDF 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 VerDate Aug<31>2005 22:03 Nov 23, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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


[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Page 65963]
From the Federal Register Online via the Government Printing Office []
[FR Doc No: 07-5838]



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.

    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 
    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.

    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]
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