Kawasaki Kisen Kaisha, Ltd. v. Fashion Accessories Shippers Association, Inc.; Gemini Shippers Association, Inc.; Sara Mayes; and Harold Sachs; Notice of Filing of Complaint and Assignment, 65963 [E7-22972]

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

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: E7-22972]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-10]


Kawasaki Kisen Kaisha, Ltd. v. Fashion Accessories Shippers 
Association, Inc.; Gemini Shippers Association, Inc.; Sara Mayes; and 
Harold Sachs; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Kawasaki Kisen Kaisha, Ltd. 
(``K'' Line). Complainant asserts that it is a 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 Association, Inc. (``FASA''), and Gemini Shippers 
Association, Inc. (``Gemini'') are Delaware non-profit corporations, 
that Sara Mayes is President of FASA, and that Harold Sachs is 
Executive Director of FASA. Complaint asserts that all Respondents are 
located at 350 Fifth Avenue, Suite 2030, New York, New York 10118.
    Complainant contends that FASA purports to act as a shippers 
association and enters into service contracts with ocean common 
carriers as ``Gemini Shippers Association.'' Complainant ``K'' Line 
also contends that it has entered into a number of service contracts 
with Fashion Accessories Shippers Association and/or Gemini Shippers 
Association since April 2001. Complainant alleges that it makes 
``royalty payments'' by check to Gemini Shippers Association pursuant 
to the terms of such service contracts. Complainant maintains that 
under the service contract ``royalty clause,'' Complainant was required 
to collect from FASA/Gemini member shippers and forward to Respondent 
Gemini, the ``Gemini Association dues'' which royalty ranged from 
$40.00 to $70.00 per container. Complainant ``K'' Line also states that 
it was billed for such royalties on the billhead of ``Gemini Shippers 
Group.'' Complainant further states that FASA instituted a New York 
arbitration claiming royalties it would have received had ``K'' Line 
not directly entered into a service contract with a ``so-called member' 
and a `former member' during the 2006-2007 contract term.''
    Complainant contends that Respondents are in violation of the 
Shipping Act of 1984 (``the Shipping Act'') by: (1) Holding themselves 
out as a shippers' association when it neither organized as a shippers' 
association nor functions as one as defined by the Shipping Act; (2) 
requiring that ``royalty payments'' be made by Complainant to 
Respondents for the ``privilege of carrying cargoes under the contract 
rates,'' and through such ``royalty payments,'' engaging in a scheme to 
obtain transportation at less than the otherwise applicable rates; and 
(3) implementing and enforcing an ``exclusive dealing clause'' that 
locks shippers into FASA contracts and controls rate levels. 
Complainant asserts that the activities described above are in 
violation of the 46 U.S.C. 40102(20), (22) and (23), 41102(a), 
41104(10), and 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 re-instituting 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 cross-examination 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 cross-
examination 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