Federal Register / Vol. 72, No. 226 / Monday, November 26, 2007 / Notices 65963 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 07–5843 Filed 11–21–07; 12:47 pm] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

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. 

ITEMS TO BE DISCUSSED: 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. 437g, § 438(b), and Title 26, 

U.S.C. 

Matters concerning participation in 

civil actions or proceedings or 

arbitration. 

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. 

ITEMS TO BE DISCUSSED: 

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] 

BILLING CODE 6715–01–M 

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 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 

AGENCY HOLDING THE 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. 

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