Petition of the National Customs Brokers and Forwarders Association of America, Inc. for Exemption From Mandatory Rate Tariff Publication; Notice of Filing, 46625 [E8-18456]

Download as PDF Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices Room 3334, Washington DC. This Docket Facility is open from 8:30 a.m. until 4:30 p.m., EST, Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Office of Water is (202) 566–2426. Dated: August 5, 2008. Robert E. Feldman, Executive Secretary. [FR Doc. E8–18407 Filed 8–8–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: [Petition P1–08] Heidi L. Bethel, Health and Ecological Criteria Division (4304T), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460; (202) 566–2054; bethel.heidi@epa.gov. Dated: August 1, 2008. Suzanne M. Rudzinski, Acting Office Director, Office of Science and Technology. [FR Doc. E8–18483 Filed 8–8–08; 8:45 am] BILLING CODE 6560–50–P FEDERAL DEPOSIT INSURANCE CORPORATION rmajette on PRODPC74 with NOTICES Notice of Agency Meeting Pursuant to the provisions of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b), notice is hereby given that at 10:03 a.m. on Tuesday, August 5, 2008, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters relating to the Corporation’s resolution activities. In calling the meeting, the Board determined, on motion of Vice Chairman Martin J. Gruenberg, seconded by Mr. Scott Polakoff, acting in the place and stead of Director John M. Reich (Director, Office of Thrift Supervision), concurred in by Director Thomas J. Curry (Appointive), Chairman Sheila C. Bair, and Director John C. Dugan (Director, Comptroller of the Currency), that Corporation business required its consideration of the matters on less than seven days’ notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii) and (c)(9)(B) of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B)). The meeting was held in the Board Room of the FDIC Building located at 550-17th Street, NW., Washington, DC. Federal Deposit Insurance Corporation VerDate Aug<31>2005 15:22 Aug 08, 2008 Jkt 214001 BILLING CODE 6714–01–P FEDERAL MARITIME COMMISSION Petition of the National Customs Brokers and Forwarders Association of America, Inc. for Exemption From Mandatory Rate Tariff Publication; Notice of Filing Notice is hereby given that National Customs Brokers and Forwarders Association of America, Inc. (‘‘Petitioner’’) has petitioned, pursuant to 49 U.S.C. 40103 (former Section 16 of the Shipping Act of 1984 (‘‘the Shipping Act’’)), and 46 CFR 502.67 and 502.69, for an exemption from the provisions of the Shipping Act that require nonvessel-operating common carriers (‘‘NVOCCs’’) to publish and adhere to all ocean tariff rates. Specifically, Petitioner requests that NVOCCs be exempted from the provisions of the Shipping Act requiring NVOCCs to publish and adhere to rate tariffs in those instances where an NVOCC has individually negotiated rates with its shipping customers and memorialized those rates in writing. Petitioner further clarifies its request by stating that: (1) The exemption would be voluntary and apply only to rate tariffs; (2) negotiated rates and related disputes would be governed by contract law and therefore exempt from 49 U.S.C. 40501(a)–(e) and (g) (formerly sections 8(a), (b), (d) and (g) of the Shipping Act—governing tariff contents and publication, time volume rates, 30 day’s notice for increases, and accessibility and accuracy of automated tariffs); 40503 (formerly section 8(e)— setting out procedures for refunds and waivers) and 41104(2), (4) and (8) (formerly sections 10(b)(2), (4) and (8)— prohibiting service not in accordance with tariffs, unfair or unjustly discriminatory practices regarding rates, cargo classifications, cargo space accommodations, loading or landing of freight or adjustment or settlement of claims; and, undue or unreasonable preferences or advantages or undue or unreasonable prejudices or disadvantages); (3) NVOCC Service Arrangements would continue to be filed with the FMC and essential terms published; (4) all NVOCC-negotiated rates would be memorialized in writing; (5) the Commission would have access to documentation underlying negotiated rates; (6) the exemption would not PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 46625 convey antitrust immunity on NVOCCs; and (7) the exemption would apply to FMC-licensed or registered NVOCCs. In order for the Commission to make a thorough evaluation of the Petition, interested persons are requested to submit views or arguments in reply to the Petition no later than September 26, 2008. Replies shall consist of an original and fifteen (15) copies, be directed to the Assistant Secretary, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573–0001, and be served on Petitioner’s counsel Edward D. Greenberg, Esq., Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 20037–4492. A copy of the reply shall be submitted in electronic form (Microsoft Word 2003) by e-mail to secretary@fmc.gov. The Petition will be posted on the Commission’s Web site at https:// www.fmc.gov/reading/Petitions.asp. Replies filed in response to this petition also will be posted on the Commission’s Web site at this location. Parties participating in this proceeding may elect to receive service of the Commission’s issuances in this proceeding through email in lieu of service by U.S mail. A party opting for electronic service shall advise the Office of the Secretary in writing and provide an e-mail address where service can be made. Karen V. Gregory, Assistant Secretary. [FR Doc. E8–18456 Filed 8–8–08; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Page 46625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18456]


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FEDERAL MARITIME COMMISSION

[Petition P1-08]


Petition of the National Customs Brokers and Forwarders 
Association of America, Inc. for Exemption From Mandatory Rate Tariff 
Publication; Notice of Filing

    Notice is hereby given that National Customs Brokers and Forwarders 
Association of America, Inc. (``Petitioner'') has petitioned, pursuant 
to 49 U.S.C. 40103 (former Section 16 of the Shipping Act of 1984 
(``the Shipping Act'')), and 46 CFR 502.67 and 502.69, for an exemption 
from the provisions of the Shipping Act that require non-vessel-
operating common carriers (``NVOCCs'') to publish and adhere to all 
ocean tariff rates. Specifically, Petitioner requests that NVOCCs be 
exempted from the provisions of the Shipping Act requiring NVOCCs to 
publish and adhere to rate tariffs in those instances where an NVOCC 
has individually negotiated rates with its shipping customers and 
memorialized those rates in writing. Petitioner further clarifies its 
request by stating that: (1) The exemption would be voluntary and apply 
only to rate tariffs; (2) negotiated rates and related disputes would 
be governed by contract law and therefore exempt from 49 U.S.C. 
40501(a)-(e) and (g) (formerly sections 8(a), (b), (d) and (g) of the 
Shipping Act--governing tariff contents and publication, time volume 
rates, 30 day's notice for increases, and accessibility and accuracy of 
automated tariffs); 40503 (formerly section 8(e)--setting out 
procedures for refunds and waivers) and 41104(2), (4) and (8) (formerly 
sections 10(b)(2), (4) and (8)--prohibiting service not in accordance 
with tariffs, unfair or unjustly discriminatory practices regarding 
rates, cargo classifications, cargo space accommodations, loading or 
landing of freight or adjustment or settlement of claims; and, undue or 
unreasonable preferences or advantages or undue or unreasonable 
prejudices or disadvantages); (3) NVOCC Service Arrangements would 
continue to be filed with the FMC and essential terms published; (4) 
all NVOCC-negotiated rates would be memorialized in writing; (5) the 
Commission would have access to documentation underlying negotiated 
rates; (6) the exemption would not convey antitrust immunity on NVOCCs; 
and (7) the exemption would apply to FMC-licensed or registered NVOCCs.
    In order for the Commission to make a thorough evaluation of the 
Petition, interested persons are requested to submit views or arguments 
in reply to the Petition no later than September 26, 2008. Replies 
shall consist of an original and fifteen (15) copies, be directed to 
the Assistant Secretary, Federal Maritime Commission, 800 North Capitol 
Street, NW., Washington, DC 20573-0001, and be served on Petitioner's 
counsel Edward D. Greenberg, Esq., Galland, Kharasch, Greenberg, 
Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 
20037-4492. A copy of the reply shall be submitted in electronic form 
(Microsoft Word 2003) by e-mail to secretary@fmc.gov. The Petition will 
be posted on the Commission's Web site at https://www.fmc.gov/reading/
Petitions.asp. Replies filed in response to this petition also will be 
posted on the Commission's Web site at this location.
    Parties participating in this proceeding may elect to receive 
service of the Commission's issuances in this proceeding through email 
in lieu of service by U.S mail. A party opting for electronic service 
shall advise the Office of the Secretary in writing and provide an e-
mail address where service can be made.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-18456 Filed 8-8-08; 8:45 am]
BILLING CODE 6730-01-P