Notice of Agreements Filed, 34992 [2011-14836]
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34992
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Notices
otherwise be required to be produced
under this procedure, and as to such
documents, the General Counsel shall
timely produce them to the respondent,
consistent with the statutory
confidentiality provision preventing
disclosure of any information derived in
connection with conciliation attempts. 2
U.S.C. 437g(a)(4)(B).
V. Failure To Produce Documents as
Required Herein—Remedies and
Consequences
In the event that a document required
to be made available to a respondent
pursuant to this procedure is not made
available, no reconsideration by the
Commission is required, unless the
Commission concludes, by an
affirmative vote of four or more
Commissioners, that there is a
reasonable likelihood that the decision
of the Commission or result of the
conciliation would have been different
than the one made had such disclosure
taken place. Any failure by the
Commission to make a document
available does not create any rights for
a respondent to seek judicial review, nor
any right for a defendant in litigation to
request or receive a dismissal or remand
or any other judicial remedy. A
respondent may not request
reconsideration by the Commission
more than ten days after the conclusion
of conciliation.
VI. Consequences of Disclosure
Disclosure of documents pursuant to
this procedure is not an admission by
the Commission that the information or
document exculpates or mitigates
respondent’s liability for potential
violations of the Act.
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VII. Applicability During Civil
Litigation
In any civil litigation with the
respondent, the discovery rules of the
court in which the matter is pending,
and any order made by that court, shall
govern the obligations of the
Commission. The intention of the
Commission is for this procedure to
serve as internal guidance only and the
procedure adopted herein does not
create any rights that are reviewable or
enforceable in any court.
VIII. Annual Review
No later than June 1 of each year, the
General Counsel shall prepare and
distribute to the Commission a report
describing the application of the
procedure adopted herein over the
previous year. This annual report shall
include the General Counsel’s
assessment of whether, and to what
extent, the procedure has provided an
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appropriate balance between the
Commission’s interest in providing
respondents with relevant documents
and information and the confidentiality
provisions of the Act, consistent with
the Commission’s goal of maintaining
open, fair and just investigations and
enforcement proceedings, along with
any recommendations from the General
Counsel regarding how the Commission
could better accomplish that goal.
IX. Conclusion
Failure to adhere to this procedure
does not create a jurisdictional bar for
the Commission to pursue all remedies
to correct or prevent a violation of the
Act.
This notice establishes an internal
agency procedure for disclosing to
respondents documents and information
acquired by the agency during its
investigations in the enforcement
process. This procedure sets forth the
Commission’s intentions concerning the
exercise of its discretion in its
enforcement program. However, the
Commission retains that discretion and
will exercise it as appropriate with
respect to the facts and circumstances of
each enforcement matter it considers.
Consequently, this procedure does not
bind the Commission or any member of
the general public, not does it create any
rights for respondents or third parties.
As such, this notice does not constitute
an agency regulation requiring notice of
proposed rulemaking, opportunities for
public participation, prior publication,
and delay effective under 5 U.S.C. 553
of the Administrative Procedure Act
(APA). The provisions of the Regulatory
Flexibility Act, 5 U.S.C. 605(b), which
apply when notice and comment are
required by the APA or another statute,
are not applicable.
On behalf of the Commission.
Dated: June 2, 2011.
Caroline C. Hunter,
Vice Chair, Federal Election Commission.
[FR Doc. 2011–14096 Filed 6–14–11; 8:45 am]
BILLING CODE 6715–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
Commission’s Web site (https://
www.fmc.gov) or by contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
Agreement No.: 012093–001.
Title: CSAV/K-Line Space Charter and
Sailing Agreement.
Parties: Compania Sud Americana de
Vapores and Kawasaki Kisen Kaisha,
Ltd.
Filing Parties: Walter H. Lion, Esq.;
McLaughlin & Stern, LLP; 260 Madison
Avenue; New York, NY 10016.
Synopsis: The amendment adds
Greece to the geographic scope of the
Agreement and changes the Agreement’s
name.
Agreement No.: 201211.
Title: Marine Terminal Lease and
Operating Agreement between Broward
County and H.T. Shipping, Inc., and
Hybur Ltd.
Parties: Broward County; H.T.
Shipping, Inc.; and Hybur Ltd.
Filing Party: Candace J. Running;
Broward County Board of County
Commissioners; Office of the County
Attorney; 1850 Eller Drive, Suite 502;
Fort Lauderdale, FL 33316.
Synopsis: The agreement provides for
the lease and operation of terminal
facilities at Port Everglades, Florida.
By Order of the Federal Maritime
Commission.
Dated: June 10, 2011.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2011–14836 Filed 6–14–11; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
Ocean Transportation Intermediary
License; Applicants
Notice is hereby given that the
following applicants have filed with the
Federal Maritime Commission an
application for a license as a NonVessel-Operating Common Carrier
(NVO) and/or Ocean Freight Forwarder
(OFF)—Ocean Transportation
Intermediary (OTI) pursuant to section
19 of the Shipping Act of 1984 as
amended (46 U.S.C. chapter 409 and 46
CFR 515). Notice is also hereby given of
the filing of applications to amend an
existing OTI license or the Qualifying
Individual (QI) for a license.
Interested persons may contact the
Office of Transportation Intermediaries,
Federal Maritime Commission,
Washington, DC 20573, by telephone at
(202) 523–5843 or by e-mail at
OTI@fmc.gov.
Allround Forwarding Co., Inc. (NVO &
OFF), 134 West 26th Street, New
E:\FR\FM\15JNN1.SGM
15JNN1
Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Page 34992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14836]
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FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice of the filing of the following
agreements under the Shipping Act of 1984. Interested parties may
submit comments on the agreements to the Secretary, Federal Maritime
Commission, Washington, DC 20573, within ten days of the date this
notice appears in the Federal Register. Copies of the agreements are
available through the Commission's Web site (https://www.fmc.gov) or by
contacting the Office of Agreements at (202) 523-5793 or
tradeanalysis@fmc.gov.
Agreement No.: 012093-001.
Title: CSAV/K-Line Space Charter and Sailing Agreement.
Parties: Compania Sud Americana de Vapores and Kawasaki Kisen
Kaisha, Ltd.
Filing Parties: Walter H. Lion, Esq.; McLaughlin & Stern, LLP; 260
Madison Avenue; New York, NY 10016.
Synopsis: The amendment adds Greece to the geographic scope of the
Agreement and changes the Agreement's name.
Agreement No.: 201211.
Title: Marine Terminal Lease and Operating Agreement between
Broward County and H.T. Shipping, Inc., and Hybur Ltd.
Parties: Broward County; H.T. Shipping, Inc.; and Hybur Ltd.
Filing Party: Candace J. Running; Broward County Board of County
Commissioners; Office of the County Attorney; 1850 Eller Drive, Suite
502; Fort Lauderdale, FL 33316.
Synopsis: The agreement provides for the lease and operation of
terminal facilities at Port Everglades, Florida.
By Order of the Federal Maritime Commission.
Dated: June 10, 2011.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2011-14836 Filed 6-14-11; 8:45 am]
BILLING CODE 6730-01-P