The Auction Block Company, an Alaska Corporation v. the City of Homer, a Municipal Corporation and Its Port of Homer; Notice of Filing of Complaint and Assignment, 22575-22576 [2012-8994]

Download as PDF Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Notices Unauthorized Committees (PACs and Party Committees) Political committees filing on a quarterly basis in 2012 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Washington Special Primary or Special General Election by the close of books for the applicable report(s). (See chart below for the closing date for each report). Committees filing monthly that make contributions or expenditures in connection with the Washington Special Primary or General Elections will continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the Washington Special Election may be found on the FEC Web site at https://www.fec.gov/info/ report_dates.shtml. Disclosure of Lobbyist Bundling Activity 22575 are otherwise required to file reports in connection with the special elections must simultaneously file FEC Form 3L if they receive two or more bundled contributions from lobbyists/registrants or lobbyist/registrant PACs that aggregate in excess of $16,700 during the special election reporting periods (see charts below for closing date of each period). 11 CFR 104.22(a)(5)(v). Principal campaign committees, party committees and Leadership PACs that CALENDAR OF REPORTING DATES FOR WASHINGTON SPECIAL ELECTION Close of books 1 Report Reg. cert. and overnight mailing deadline Filing deadline Committees Involved in Only the Special Primary (08/07/12) Must File: Pre-Primary .......................................................................................................... October Quarterly ................................................................................................ 07/18/12 09/30/12 07/23/12 10/15/12 07/26/12 10/15/12 Committees Involved in Both the Special Primary (08/07/12) and Special General (11/06/12) Must File: Pre-Primary .......................................................................................................... October Quarterly ................................................................................................ Pre-General ......................................................................................................... Post-General ........................................................................................................ Year-End .............................................................................................................. 07/18/12 09/30/12 10/17/12 11/26/12 12/31/12 07/23/12 10/15/12 10/22/12 12/06/12 01/31/13 07/26/12 10/15/12 10/25/12 12/06/12 01/31/13 10/22/12 12/06/12 01/31/13 10/25/12 12/06/12 01/31/13 Committees Involved in Only the Special General (11/06/12) Must File: Pre-General ......................................................................................................... Post-General ........................................................................................................ Year-End .............................................................................................................. 10/17/12 11/26/12 12/31/12 1 These dates indicate the end of the reporting period. A reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered as a political committee with the Commission up through the close of books for the first report due. On behalf of the Commission. Caroline C. Hunter, Chair, Federal Election Commission. [FR Doc. 2012–9005 Filed 4–13–12; 8:45 am] BILLING CODE 6715–01–P FEDERAL MARITIME COMMISSION [Docket No. 12–03] emcdonald on DSK29S0YB1PROD with NOTICES The Auction Block Company, an Alaska Corporation v. the City of Homer, a Municipal Corporation and Its Port of Homer; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by The Auction Block Company, an Alaska Corporation, hereinafter ‘‘Complainant,’’ against the City of Homer, a municipal corporation, and its Port of Homer, hereinafter ‘‘Respondents’’. Complainant asserts that it is a seafood processing and logistics firm organized under the laws of the State of Alaska. VerDate Mar<15>2010 14:39 Apr 13, 2012 Jkt 226001 Complainant alleges that Respondent the City of Homer is a municipal corporation organized under the laws of Alaska, is a marine terminal operator and owns and operates the Port of Homer. Complainant alleges that it pays to Respondents the rates published in Respondents’ tariff for use of the premises and a crane, but that ‘‘its major competitor, Icicle Seafoods, Inc. d/b/a/ Seward Fisheries, is not assessed and does not pay the rates published in the Tariff.’’ Therefore Complainant alleges that Respondent is in violation of 46 U.S.C. 41106(2) and (3) as it ‘‘has given undue and/or unreasonable preference and/or advantage and/or imposed undue or unreasonable prejudice and/or disadvantage with respect to Complainant. Complainant requests that the Commission order Respondent to ‘‘cease and desist from the aforesaid violations of said acts; to establish and put in force such practices as the Commission determines to be lawful and reasonable; PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 to pay to said Complainant by way of reparations and damages for the unlawful conduct * * * the sum of $682,114.83 with interest and attorney’s fees or such other sum as the Commission may determine to be proper as an award of reparations and damages; and that such other and further order or orders be made as the Commission determines to be just and proper in the premises.’’ The full text of the complaint can be found in the Commission’s Electronic Reading Room at www.fmc.gov. 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 E:\FR\FM\16APN1.SGM 16APN1 22576 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Notices 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 April 10, 2013 and the final decision of the Commission shall be issued by August 8, 2013. Karen V. Gregory, Secretary. [FR Doc. 2012–8994 Filed 4–13–12; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 12–04] emcdonald on DSK29S0YB1PROD with NOTICES Possible Revocation of Ocean Transportation Intermediary License No. 021899—Trans World Logistics Corporation; Order To Show Cause Trans World Logistics Corporation (Trans World Logistics) is an Indiana corporation, incorporated in October 2006. Records maintained by the Commission’s Bureau of Certification and Licensing (BCL) indicate that Trans World Logistics maintains its principal offices at 702 Penny Lane, Plainfield, Indiana. BCL records identify the principals of the firm as Malene Sorensen, Vice President and Satinder Kaur, President, Treasurer and CEO. Trans World Logistics has been licensed to operate as an ocean transportation intermediary (OTI) pursuant to FMC license No. 021899 since December 2008. Trans World Logistics was licensed on the basis of the qualifications of Ms. Sorensen, an officer of the company and its approved Qualifying Individual (QI). Based on information obtained in the course of a routine OTI compliance audit conducted by the Commission’s Bureau of Enforcement (BOE), it appears that the QI resigned her position as an officer on November 3, 2010. According to BCL’s records, the licensee has not notified the Commission of the QI’s resignation or sought approval of a replacement QI. The Commission’s OTI regulations require that when, as here, a corporation has been licensed on the basis of the qualifications of an officer of the company and that individual no longer serves in a full-time and active capacity, the licensee must report such change to the Commission within 30 days and within that time period seek Commission approval of any other active officer who may qualify the VerDate Mar<15>2010 14:39 Apr 13, 2012 Jkt 226001 licensee. 46 CFR 515.18(c). It appears that Trans World Logistics has violated and continues to be in violation of this requirement. In addition, as part of its OTI compliance audit of Trans World Logistics, BOE sent repeated requests to the company between June and November, 2011, seeking current information about its OTI business. Such requests were sent to the addresses contained in BCL’s records as well as additional addresses for the firm’s principals located through research conducted by staff. Despite BOE’s efforts to communicate with the licensee in order to obtain information about its OTI business, Trans World Logistics has repeatedly failed to reply to such requests. The Commission regulations require a licensee to promptly respond to lawful inquiries from any authorized representative of the Commission. 46 CFR 515.31(g). It appears that Trans World Logistics also continues to be in violation of this requirement. Section 19(c) of the Shipping Act, 46 U.S.C. 40903 (a), provides that the Commission: * * * after notice and opportunity for hearing, shall suspend or revoke an ocean transportation intermediary’s license if the Commission finds that the ocean transportation intermediary—(1) is not qualified to provide intermediary services; or (2) that it willfully failed to comply with a provision of this part or with an order or regulation of the Commission. As pertinent, the Commission’s regulations at 46 CFR 515.16(a) provide that an OTI license be revoked or suspended for any of the following reasons: (1) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (2) Failure to respond to any lawful order or inquiry by the Commission; (3) Making a materially false or misleading statement to the Commission in connection with an application for a license or an amendment to an existing license; (4) Where the Commission determines that the licensee is not qualified to render intermediary services; (5) Failure to honor the licensee’s financial obligations to the Commission. It appears that Trans World Logistics has violated Commissions regulations by failing to notify the Commission of the resignation of its QI, failing to seek approval of a replacement, and repeatedly failing to respond to lawful inquiries by the Commission with respect to its OTI business. Accordingly, PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 it appears that revocation of its license is warranted under the Shipping Act. Now therefore, it is ordered That pursuant to Sections 11, 14 and 19 of the Shipping Act of 1984, 46 U.S.C. 41302, 41304, 40903(a)(2), Trans World Logistics Corporation is directed to show cause, within 30 days of publication of this Order in the Federal Register, why the Commission should not revoke its license for failure to report the resignation of its QI and seek approval of a replacement, as required by 46 CFR 515.18; and for failure to reply to lawful inquiries by the Commission with respect to its business as required by 46 CFR 515.31(g). It is further ordered That this proceeding be limited to the submission of affidavits of fact and memoranda of law; It is further ordered That any person having an interest and desiring to intervene in this proceeding shall file a petition for leave to intervene in accordance with Rule 72 of the Commission’s Rules of Practice and Procedure, 46 CFR 502.72. Such petition shall be accompanied by the petitioner’s memorandum of law and affidavit of fact, if any, and shall be filed no later than the date fixed below; It is further ordered That Trans World Logistics Corporation be named as Respondent in this proceeding. Affidavits of fact and memoranda of law shall be filed by Respondent and any intervenors in support of Respondent no later than May 11, 2012; It is further ordered That the Commission’s Bureau of Enforcement be made a party to this proceeding; It is further ordered That reply affidavits and memoranda of law shall be filed by BOE and intervenors in support no later than May 29, 2012; It is further ordered That: (a) Should any party believe that an evidentiary hearing is required, that party must submit a request for such hearing together with a statement setting forth in detail the facts to be proved, the relevance of those facts to the issues in this proceeding, a description of the evidence which would be adduced, and why such evidence cannot be submitted by affidavit; (b) Any request for evidentiary hearing shall be filed no later than May 29, 2012; It is further ordered That notice of this Order to Show Cause be published in the Federal Register, and that a copy thereof be served upon Respondent at its last known address; It is further ordered That all documents submitted by any party of record in this proceeding shall be filed in accordance with Rule 2 of the E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22575-22576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8994]


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FEDERAL MARITIME COMMISSION

[Docket No. 12-03]


The Auction Block Company, an Alaska Corporation v. the City of 
Homer, a Municipal Corporation and Its Port of Homer; Notice of Filing 
of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by The Auction Block Company, an 
Alaska Corporation, hereinafter ``Complainant,'' against the City of 
Homer, a municipal corporation, and its Port of Homer, hereinafter 
``Respondents''. Complainant asserts that it is a seafood processing 
and logistics firm organized under the laws of the State of Alaska. 
Complainant alleges that Respondent the City of Homer is a municipal 
corporation organized under the laws of Alaska, is a marine terminal 
operator and owns and operates the Port of Homer.
    Complainant alleges that it pays to Respondents the rates published 
in Respondents' tariff for use of the premises and a crane, but that 
``its major competitor, Icicle Seafoods, Inc. d/b/a/ Seward Fisheries, 
is not assessed and does not pay the rates published in the Tariff.'' 
Therefore Complainant alleges that Respondent is in violation of 46 
U.S.C. 41106(2) and (3) as it ``has given undue and/or unreasonable 
preference and/or advantage and/or imposed undue or unreasonable 
prejudice and/or disadvantage with respect to Complainant.
    Complainant requests that the Commission order Respondent to 
``cease and desist from the aforesaid violations of said acts; to 
establish and put in force such practices as the Commission determines 
to be lawful and reasonable; to pay to said Complainant by way of 
reparations and damages for the unlawful conduct * * * the sum of 
$682,114.83 with interest and attorney's fees or such other sum as the 
Commission may determine to be proper as an award of reparations and 
damages; and that such other and further order or orders be made as the 
Commission determines to be just and proper in the premises.'' The full 
text of the complaint can be found in the Commission's Electronic 
Reading Room at www.fmc.gov.
    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

[[Page 22576]]

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 April 10, 2013 and the 
final decision of the Commission shall be issued by August 8, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2012-8994 Filed 4-13-12; 8:45 am]
BILLING CODE 6730-01-P
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